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 April 16, 2015, the Plaintiff entered the Republic of Korea with a short-term visit (C-3) status on April 16, 2015 and stayed, and applied for refugee status to the Defendant on July 14, 2015.
B. On July 31, 2015, the Defendant rendered a decision to recognize refugee status (hereinafter the instant disposition) on the ground that the Plaintiff’s assertion does not constitute a case of “a well-founded fear that would be subject to persecution” as a requirement of refugee 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 1, Eul 1 through 4, the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The plaintiff's assertion was disputed with each other while running a store with his/her partners in the country of nationality. The plaintiff's punishment was imposed on the plaintiff, and the plaintiff was threatened with murdering.
Therefore, the defendant's disposition of this case which did not recognize the plaintiff as a refugee despite high possibility that the plaintiff would be subject to gambling when he returns to the country of nationality is illegal.
(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. The Plaintiff’s argument is merely a private dispute, rather than on the ground of race, religion, nationality, status as a member of a specific social group or political opinion.