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 is well-known.
A foreigner with nationality of the Republic of Korea (hereinafter referred to as "Mada") was born in the Republic of Korea C, and applied for refugee status to the Defendant on March 10, 2014.
B. On September 16, 2014, the Defendant rendered a disposition of non-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 1, 2, Eul evidence 1 and 2, the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The Plaintiff’s mother’s assertion B is a member of the National Assembly and a soldier.
The government's political pressure was caught, transported to the person presumed to be a shot soldier at the time of being in service in Cambodia, and received inquiries and advisers.
B is well-known as one of its double-presidential systems.
At this time, the application for refugee recognition was filed in Korea.
The plaintiff is U.S.
for the Plaintiff’s mother to return to Korea.
Since the government's gambling is likely to be a direct victim of gambling with her mother, the plaintiff is a refugee who is likely to suffer retaliation for political reasons.
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. “Refugee” means a foreigner who is unable or does not wish to be protected by a State of his/her nationality due to well-founded fear to recognize that he/she may be injured on the grounds of race, religion, nationality, status as a member of a particular social group, or political opinion, or a foreigner who does not wish to be protected, or by such fear, before entering Korea.