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 October 23, 2015, the day after the expiration of the period of stay ( August 31, 2015), the Plaintiff filed an application for refugee status with the Defendant on June 23, 2015, when the Plaintiff entered the Republic of Pakistan (C-3) and stayed in the Republic of Korea on a short-term visit (C-3) sojourn on June 2, 2015.
B. On October 26, 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 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] Uncontentious Facts, Gap evidence 1, Eul evidence 1 and 2, and the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The Plaintiff’s assertion is difficult to expect the government’s assistance due to unstable public security conditions.
JUD's terrorist organization occupied the Plaintiff's land without permission and threatened the Plaintiff.
Therefore, when the plaintiff returned to Korea, he/she constitutes a refugee who is likely to be injured on the ground of his/her status as a member of a specific social group.
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 of the evidence of Nos. 1 to 5 of this Decree;