난민불인정결정취소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Details of the disposition;
A. The Plaintiff entered the Republic of Korea as a short-term visit (C-3) on May 19, 2015, and applied for refugee status to the Defendant on June 4, 2015.
B. On December 23, 2015, the Defendant rendered a disposition that does not recognize the Plaintiff as a refugee on the ground that the Plaintiff’s assertion does not constitute “a sufficiently-founded fear that would be subject to persecution” as stipulated in the Refugee Act and the Convention on the Status of Refugees (hereinafter referred to as the instant disposition).
C. On January 21, 2016, the Plaintiff filed an objection with the Minister of Justice on January 21, 2016, but was rendered a final decision dismissing the Plaintiff’s application on May 25, 2016.
[Ground of recognition] Facts without dispute, Gap evidence 1 to 3, Eul evidence 1 and 2, the purport of the whole pleadings
2. Determination on the legitimacy of the disposition
A. The Plaintiff’s assertion that the Plaintiff’s father resided in the Dong-si Orcoa in the Dong-si of the country of nationality, and performed village president positions at all times. On May 20, 2014, the Plaintiff’s father was forced the Plaintiff to succeed to the Plaintiff’s president position.
As the plaintiff, who is a reader, refused to do so, the plaintiff was killed.
As such, the instant disposition taken on a different premise is unlawful, even though the Plaintiff was under an persecution for religious reasons in the nationality state.
(b) The definitions of terms used in this Act shall be as follows:
1. The term “refugee” means a foreigner who is unable or does not want to be protected from the country of nationality due to well-founded fear that he/she may be harmed by race, religion, nationality, status as a member of a particular social group, or political opinion, or who is unable or does not want to return to the country in which he/she resided before entering the Republic of Korea due to such fear (hereinafter referred to as “or the country in which he/she resided”).