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 24, 2012, the Plaintiff filed an application for refugee status with the Defendant on September 24, 2012, after entering the Republic of Korea on a short-term visit (C-3) on September 2, 2012, as an alien of the nationality of the Republic of Austria (hereinafter “ASEAN”).
B. On March 20, 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] 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 assertion was solicited to join the confidential chilling religious organization called Eentalian, but refused to do so as a chilling. For this reason, this Kentent is threatening to murder from its members.
Therefore, even though the Plaintiff is a refugee, the instant disposition taken by the Defendant on a different premise is unlawful.
B. Determination 1) In full view of the provisions of Article 2 subparag. 3 and Article 76-2(1) of the former Immigration Control Act (amended by Act No. 11298, Feb. 10, 2012; Article 1 of the Convention Relating to the Status of Refugees; and Article 1 of the Protocol Relating to the Status of Refugees, the Defendant shall recognize a foreigner in the Republic of Korea, who is unable to be protected by the country of his/her nationality due to well-founded fear of persecution for reasons of race, religion, nationality, membership of a specific social group, or political opinion, or who does not want to be protected by the country of his/her nationality, as a refugee under the Refugee Convention.
At this time, the term "persecution", which is a requirement for recognition of refugee status, includes threats to life, body or freedom.