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. On June 17, 2014, the Plaintiff entered the Republic of Korea as a foreigner of the Republic of mentmen’s nationality, and applied for refugee status to the Defendant on June 23, 2014.
B. On January 25, 2016, 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 of persecution” as stipulated in the Refugee Act and the Convention on the Status of Refugees (hereinafter the instant disposition was taken under the following).
C. On February 19, 2016, the Plaintiff filed an objection with the Minister of Justice on February 19, 2016, but the decision was rendered to dismiss the Plaintiff’s application on June 30, 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. In the Plaintiff’s assertion state of nationality, the latter party committed various terrorism against the government, and the Plaintiff also was threatened by the latter party’s total attack, etc., and during that process, the Plaintiff’s ties died.
As such, the disposition of this case, which was taken on a different premise, is unlawful, even though the Plaintiff was under an persecution for political reasons in the country of nationality.
(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 his/her nationality due to well-founded fear that he/she may be injured on the grounds of race, religion, nationality, status as a member of a specific social group, or political opinion, or a stateless foreigner who, owing to such fear, is unable or does not want to return to the country in which he/she resided before entering the Republic of Korea (hereinafter referred to as "state of his/her nationality");
(c) judgment (1) 1 to 1.