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 December 28, 2015, the Plaintiff, a foreigner of Moroc’s nationality, entered the Republic of Korea as a sojourn status for visa exemption (B-1) and stayed, and filed an application for refugee status with the Defendant on March 4, 2016, prior to the expiration of the period of stay ( March 27, 2016).
B. On June 10, 2016, the Defendant rendered a decision to deny refugee status (hereinafter “instant disposition”) on the ground that the Plaintiff does not constitute a case where there is a well-founded fear that would be detrimental to a person’s status” as a refugee under Article 1 of the Convention on the Status of Refugees and Article 1 of the Protocol on 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 is Berneer, a non-legal person.
Marocco does not guarantee the human rights of Marocco and takes it out without guaranteeing the human rights of Marocco, and in order for Marocco to live Marocco, the plaintiff cannot return to the Republic of Korea because there is no money to give money to the police or violent students.
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. Determination 1: The following circumstances recognized by comprehensively taking account of the descriptions of No. 4 and the purport of the entire pleadings.