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 7, 2012, the Plaintiff entered the Republic of Korea as a foreigner of the nationality of the People’s Republic of China (hereinafter “China”), and applied for refugee status to the Defendant on November 3, 2015, while illegally staying in Korea after the expiration of the period of stay ( August 7, 2013).
B. On November 13, 2015, the Defendant rendered a decision to deny refugee status (hereinafter “instant disposition”) on the ground that the Plaintiff does not constitute a case of “a well-founded fear that would be detrimental to persecution,” which is a requirement for refugee status.
C. The Plaintiff appealed to the Minister of Justice on December 11, 2015, but the objection was dismissed on March 23, 2016.
[Ground of recognition] The fact that there is no dispute, Gap's 1 through 4, Eul's 4, the purport of the whole pleadings and arguments
2. Whether the instant disposition is lawful
A. The Plaintiff’s assertion is unlawful in the instant disposition that rejected the Plaintiff’s application for recognition of refugee status on the grounds that: (a) the Plaintiff, upon the recommendation of her friendship in China, went to the Republic of Korea, knew that her religious organization was engaged in bad conduct, such as by opening a friendly religious organization (hereinafter “ religious organization”); (b) and (c) entered the Republic of Korea with the knowledge that her religious organization committed an bad conduct, such as placing him/her on confinement; and
(b) The definitions of terms used in this Act under relevant Acts and subordinate statutes 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”).