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(영문) 서울행정법원 2016.05.13 2016구단2291

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 March 24, 2013, the Plaintiff, an alien of his/her nationality (hereinafter “Chovah”), who entered the Republic of Korea on March 24, 2013, and stayed after obtaining permission for extension of the period of stay, and filed an application for refugee status with the Defendant on March 19, 2015, prior to the expiration of the period of stay ( March 31, 2015).

B. On April 15, 2015, the Defendant rendered a decision not to recognize 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 a refugee requirement 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, 2, Eul evidence 1, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The plaintiff's assertion was a matter of inheritance of his father's father who died in Kamera and was threatened with life from his mother and son's sibling.

Therefore, the Plaintiff constitutes a refugee.

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. In light of the following circumstances, which are acknowledged by comprehensively taking account of the descriptions of No. 1 B as well as the purport of the entire pleadings, all evidence and arguments submitted by the Plaintiff may be considered.

참조조문