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 August 1, 2004, the Plaintiff’s father B filed an application for refugee status with the Defendant on September 2, 2015, which was after the expiration of the period of stay ( August 31, 2004) while entering and staying in the Republic of Korea on August 1, 2004.
B. The Plaintiff’s mother, on March 8, 2008, entered the Republic of Korea as a short-term visit (C-3) sojourn status and stayed in the Republic of Korea on a short-term basis, and on September 2, 2015, after the expiration of the period of sojourn ( March 18, 2008), filed an application for refugee status with the Defendant.
C. On January 6, 2009, the Plaintiff applied for refugee recognition to the Defendant on September 2, 2015, which was born in the Republic of Korea.
On December 29, 2015, the Defendant rendered a decision not to recognize refugee status (hereinafter “instant disposition”) on the ground that the Plaintiff does not constitute a case where there is a well-founded fear that the Plaintiff would be subject to persecution” as a refugee requirement under Article 1 of the Convention on the Status of Refugees and Article 1 of the Protocol Relating to the Status of Refugees.
[Reasons for Recognition] Unsatisfy, Gap evidence Nos. 1 through 4, Eul evidence Nos. 1 and 2, the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The Plaintiff’s father’s assertion was in danger by intimidation from a local organization in Ageia.
Therefore, the plaintiff, who is one of his children, is also a refugee.
Nevertheless, the instant disposition made by the Defendant on a different premise is unlawful.
(b) The definitions of terms used in this Act shall be as follows:
1. “Refugee” means a foreigner who is unable or does not wish to be protected by a State of his/her nationality due to well-founded fear of being aware 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 who has resided in the Republic of Korea prior to his/her entry into Korea due to such fear.