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 on February 1, 2007 as a foreigner with the nationality of the Republic of Austria, as a short-term visit (C-3) and applied for refugee status to the Defendant on September 15, 2015.
B. On September 25, 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 of persecution” as stipulated in the Refugee Act and the Convention on the Status of Refugees (hereinafter referred to as the instant disposition).
C. On October 19, 2015, the Plaintiff filed an objection with the Minister of Justice on October 19, 2015, but was rendered a final decision dismissing the Plaintiff’s application on March 23, 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 belongs to the Regional Group called “OGO” in the country of nationality. After the Plaintiff’s birth, the Plaintiff left the said Group as the Plaintiff moved into the Republic of Korea, and the Defendant demanded and threatened the Plaintiff to return to the Plaintiff’s father continuously.
Since 2006, the plaintiff's family members were killed by the members of the local group, and the plaintiff was exempted from murder because they were not at the time, but are threatened with the same threat.
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. “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