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 September 2, 2015, after the expiration of the period of sojourn ( March 18, 2008), the Plaintiff entered the Republic of Korea on a short-term visit (C-3) sojourn on March 8, 2008, and stayed in the Republic of Korea, and applied for refugee status to the Defendant on September 2, 2015.
B. On December 29, 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, 2 and 3, the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The Plaintiff’s husband, related to the Plaintiff’s argument organization, caused the Plaintiff’s husband to have the status of a local member, but the Plaintiff’s husband rejected the Plaintiff’s refusal.
There are four children in the plaintiff and three persons among them are in the situation that they will be placed in the position of the local member when they return to 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 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)each entry and pleading in the evidence Nos. 1 to 6 of this Decree;