난민불인정결정취소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. The Plaintiff is a foreigner of Liberia nationality.
On October 29, 2015, the Plaintiff applied for refugee status to the Defendant.
On November 11, 2015, the Defendant rendered a decision not to recognize refugee status on the ground that “a well-founded fear of persecution” against the Plaintiff is not recognized.
(hereinafter “Disposition in this case”). 【No dispute exists, Eul Nos. 1-7 (including additional numbers), the purport of the entire pleadings
2. Whether the disposition is lawful;
A. The Plaintiff’s Plaintiff’s parents, who asserted, might be detrimental to persecution on the ground of religion, applied for refugee status in the Republic of Korea, and the Plaintiff applied for refugee status to live together with the Plaintiff’s parents, and thus, the instant disposition was unlawful.
B. The term “refugee” refers to a foreigner who is unable or does not want to be protected by the country of nationality due to well-founded fear to recognize that he/she may be injured on the grounds of race, religion, nationality, status as a member of a particular social group, or political opinion, or a stateless foreigner who, owing to such fear, is unable to return to, or does not want to return to, the country in which he/she resided before entering the Republic of Korea.
(No. 1) Article 2 Subparag. 1 of the Refugee Act, which is a requirement for recognition of refugee status, refers to “any act causing serious infringement or discrimination on essential human dignity, including threats to life, body, or freedom,” and the fact that there is a “comfortable fear” subject to such persecution must be attested by a foreigner who files an application for recognition of refugee status.
(see, e.g., Supreme Court Decision 2013Du14269, Mar. 10, 2016; Supreme Court Decision 2012Du14378, Apr. 25, 2013). If the Plaintiff and the Plaintiff’s parents return to their country of nationality, there is no evidence to prove that there is a well-founded fear of persecution on the grounds of race, religion, nationality, status as a member of a specific social group, or political opinion.