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 October 25, 2015, the Plaintiff entered and stayed in the Republic of Korea as a short-term visit (C-3) sojourn status on October 25, 2015, and applied for refugee recognition to the Defendant on November 3, 2015.
B. On November 13, 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 where there is a well-founded fear that the Plaintiff would be subject to persecution as a 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] Facts without dispute, Gap 1 to 3, Eul 1, 2, the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The plaintiff's assertion was presented to join a local organization in the country of nationality as a senior citizen, and rejected it.
Based on this, the Plaintiff was subject to intimidation and physical attack.
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. “persecution”, which is a requirement for recognition of refugee status 1, is “an act of causing serious infringement or discrimination on essential human dignity, including threats to life, body or freedom.”