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 26, 2001, the Plaintiff entered into the Republic of Korea for technical training (D-3), and returned to the Republic of Korea on July 22, 2004. On July 15, 2010, the Plaintiff returned to the Republic of Korea for non-professional employment (E-9) status, and filed an application for refugee status with the Defendant on May 7, 2015, which was seven days before the expiration of the period of stay.
B. On July 28, 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 of “a well-founded fear that would be subject to persecution” as a requirement of 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, 2, Eul 1 (including virtual numbers; hereinafter the same shall apply), 2, the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The Plaintiff asserted that he had been working as a general member of the MJAF party in the country of nationality since 2002, and the SJM, the two terrorist organizations, forced the Plaintiff to join the organization and pay donations since 2004, and took money and valuables by force.
Therefore, the Defendant’s disposition that did not recognize the Plaintiff as a refugee is unlawful despite high possibility that the Plaintiff would be stuffed in the event that the Plaintiff returned to the four arms.
(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 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 unable or does not want to return to the country in which he/she resided before entering the Republic of Korea due to such fear (hereinafter referred to as “or the country in which he/she resided”).