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(영문) 서울행정법원 2016.06.02 2016구단8602

난민불인정결정취소

Text

1. The plaintiff's claim is dismissed.

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

Reasons

Details of the disposition

On April 29, 2014, the Plaintiff (hereinafter referred to as “mentor”) entered the Republic of Korea with a tourist visa and visa (B-2) and applied for refugee status to the Defendant on April 30, 2014.

On December 31, 2015, the Defendant rendered a non-approval of the Plaintiff’s application for refugee status (hereinafter “instant disposition”) on the ground that the Plaintiff’s assertion does not constitute “a well-founded fear that she would suffer from persecution” as stipulated in Article 1 of the Refugee Convention and Article 1 of the Refugee Protocol, and the said disposition was notified to the Plaintiff on January 18, 2016.

【The Plaintiff’s assertion as to the legitimacy of the instant disposition indicated in Gap’s 1 through 3 evidence, Eul’s 1 and 2 was unilaterally divorced with the previous wife on January 31, 2014, and the family members of the previous wife are causing a sense of shame to the Plaintiff.

Therefore, the defendant's disposition of this case which did not recognize the plaintiff as a refugee is unlawful even though the possibility of gambling is high in the case that the plaintiff returned to mentmen.

Judgment

In addition to the above-mentioned facts, it is insufficient to view that there is a well-founded fear of persecution to the Plaintiff in full view of the following circumstances, which can be seen by adding the entry of No. 3 in the above-mentioned facts and the purport of the entire pleadings, and the Defendant’s disposition of this case is legitimate as there is

The reason that the Plaintiff asserts is merely a dispute or a private legal relationship between his/her family members and does not fall under the booming of the Refugee Act by itself.

Even when considering cultural differences by country, it is difficult to believe that the former family intends to kill the Plaintiff solely on the ground that the former spouse unilaterally divorced with the former.

The plaintiff is recognized as refugee when he/she can legally stay in the Republic of Korea.

참조조문