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 August 9, 201 as a non-professional employment (E-9), and applied for refugee status to the Defendant on May 31, 2016.
B. On October 4, 2016, 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 is likely to be injured” as stipulated in the Refugee Act and the Convention on the Status of Refugees (hereinafter the instant disposition was taken under the following).
[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1 and 2, the purport of the whole pleadings
2. Determination on the legitimacy of the disposition
A. On September 2014, the Plaintiff asserted that, when visiting the country of nationality, the Plaintiff was demanded by Terai Mukti Morca (hereinafter below, TM was engaged) to enter the organization or to pay contributions.
Accordingly, the plaintiff has had family members move to the Kat only after leaving a high-speed village, and thereafter, they have not been directly threatened by the above organization, but they continue to be threatened by telephone.
As such, the disposition of this case, which was taken on a different premise, is unlawful, even though the Plaintiff was under an persecution for political reasons in the country of nationality.
(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) judgment (1) 1 to 1.