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 31, 2015, the Plaintiff entered the Republic of Korea as a foreigner with the nationality of the Republic of Canada as a short-term visit (C-3) and applied for refugee recognition to the Defendant on September 22, 2014.
B. On December 14, 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 January 7, 2016, the Plaintiff filed an objection with the Minister of Justice on January 7, 2016, but the decision was rendered to dismiss the Plaintiff’s application on May 31, 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 asserted that the Plaintiff resided in the village called TIK located in the southwest area of the nationality state, and that the Plaintiff’s her her 's 's 's '' was the head of the local organization called B', and that the members of the local organization succeed to the 's 's 's 's 's '
Therefore, the members of the local management body are threatening to kill the plaintiff when the plaintiff, who is a dialian, refused to succeed to the status.
As such, the instant disposition taken on a different premise is unlawful, even though the Plaintiff was in a state of nationality, on the ground that it falls under a religious reason or a specific religious satisfaction.
(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 nationality due to well-founded fear to recognize 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 such fear.