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 February 22, 2011, the Plaintiff entered the Republic of Korea as a non-professional employment (E-9) as an alien of the nationality of the Republic of the Lao Union, and applied for refugee status to the Defendant on November 27, 2015.
B. On December 30, 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 February 12, 2016, the Plaintiff filed an objection with the Minister of Justice on February 12, 2016, but was rendered a final decision dismissing the Plaintiff’s application on September 9, 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 was requested from a country of nationality to join an organization or to pay donations from the organization of the YH Common Leagle (YCL below) since 2010. They continued to threaten the Plaintiff’s family even after leaving the country of nationality by finding the Plaintiff’s family members and demanding the return of donations.
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 ground of race, religion, nationality, status as a member of a particular social group, or political opinion, or a foreigner who has resided in the Republic of Korea (hereinafter referred to as "member country") before entering the Republic of Korea due to such fear, or who has not returned to the country in which