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 July 5, 2013, the Plaintiff, who is a national of the Republic of Yemen (hereinafter referred to as “Emenmen”), entered into the tourism conference (B-2) and stayed with the permission for extension of the period of stay, and applied for refugee status to the Defendant on September 16, 2013, which was prior to the expiration of the period of stay ( October 3, 2013).
B. On July 28, 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 suffer persecution” as a requirement of refugee under 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] Facts without dispute, Gap evidence 1, Eul evidence 1, Eul evidence 2-1, Eul evidence 2-2, Eul evidence 3, the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. On April 5, 2012, the Plaintiff’s fifth degree of party accommodation around 01:00, when the Plaintiff’s fifth degree of party accommodation came to the Plaintiff’s farm shed, and the Plaintiff’s land ownership owned by the Plaintiff, the Plaintiff’s father, and the Plaintiff’s private village were stunched, but there was no gross injury.
The father of the plaintiff and the plaintiff's deceased villages were changed to the house of the plaintiff's fifth degree of families for retaliation after Hahing, and the father of the plaintiff and the plaintiff's deceased villages were killed due to their total attack.
Then, around April 8, 2015, Native group started up with the Plaintiff’s house and opened the walls to the Plaintiff’s house and left the country with her mother’s will. The Plaintiff was immediately going out of the house and left the country with her mother’s will.
Therefore, the plaintiff is a refugee who is missing with a strong fear that he/she will be killed due to inheritance problems at the time of returning home.
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 race, religion, nationality, specific.