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(영문) 서울행정법원 2016.11.03 2016구단16726

난민불인정결정취소

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Details of the disposition;

A. On April 30, 2014, the Plaintiff, a foreigner of the nationality of the Republic of Austria, entered the Republic of Korea as a short-term visit (C-3) on a short-term basis, and applied for refugee status to the Defendant on May 9, 2014.

B. On September 25, 2015, the Defendant rendered a disposition that does not recognize the Plaintiff as a refugee on the ground that the Plaintiff’s assertion does not constitute “a sufficiently-founded fear of persecution” as stipulated in the Refugee Act and the Convention on the Status of Refugees (hereinafter referred to as the instant disposition).

C. On October 20, 2015, the Plaintiff filed an objection with the Minister of Justice on October 20, 2015, but was rendered a final decision dismissing the Plaintiff’s application on March 23, 2016.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 3, Eul evidence 1 and 2, the purport of the whole pleadings

2. Determination on the legitimacy of the disposition

A. The Plaintiff’s assertion was the head of a confidential local organization that could not know the name in the country of nationality, and on May 6, 2013, the member staff of the local group who died. The Plaintiff’s assertion forced the Plaintiff to find and act as the member of the local organization.

The plaintiff, who is a shot school, refused this, notified the plaintiff that he will kill the plaintiff by putting a large snick snick in the plaintiff's room.

As such, the instant disposition taken on a different premise is unlawful, even though the Plaintiff was under an persecution for religious reasons in the nationality state.

(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 country in which such fear has resided before entering the Republic of Korea;