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 July 18, 2015, the Plaintiff entered the Republic of Korea as a short-term visit (C-3) sojourn status on a short-term visit (C-3) on July 18, 2015, and applied for refugee status to the Defendant on August 26, 2015, prior to the expiration of the period of stay ( October 16, 2015).
B. On December 11, 2015, the Defendant rendered a decision on the recognition of refugee status (hereinafter “instant disposition”) on the ground that the Plaintiff does not constitute a case where there is a well-founded fear that the Plaintiff would be subject to persecution” as prescribed by 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 evidence Nos. 1 through 4, Eul evidence Nos. 1 and 2, the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The Plaintiff’s assertion was urged to transfer the land inherited to the Plaintiff’s father from the end of 2010 to the end of 2011, but the Plaintiff’s father rejected, and the Plaintiff’s father threatened the Plaintiff with murder on May 19, 2014.
The plaintiff's large ambied Sicker's name was arrested, and the plaintiff was arrested, and the plaintiff was tried to sacrifice.
Accordingly, the plaintiff escaped and was erroneous in the Republic of Korea.
Therefore, the Plaintiff constitutes a refugee.
Nevertheless, the instant disposition made by the Defendant on a different premise is unlawful.
(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 wish to be protected from the country of nationality due to well-founded fear that he/she may be harmed by race, religion, nationality, status as a member of a particular social group, or political opinion, or who is not entitled or does not want to return to the country in which he/she resided before entering the Republic of Korea (hereinafter referred to as “orthing country”) due to such fear;