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(영문) 서울행정법원 2016.02.26 2015구단15504

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 June 15, 2009, the Plaintiff entered the Republic of Korea as a foreigner with the nationality of the Republic of Korea (hereinafter “NE”) and stayed with the permission for extension of the period of sojourn after having entered the Republic of Korea as a non-professional employment (E-9) sojourn status, and filed an application for refugee status with the Defendant on April 11, 2014, prior to the expiration of the period of sojourn (E-9 April 14, 2014).

B. On October 28, 2014, 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 of “a well-founded fear that would be detrimental 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] 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 extended a bank loan to expand the agricultural machinery business around February 2008 while he/she operated the agricultural machinery store with his/her family with the agricultural company.

Plaintiff

Family has operated agricultural machinery stores until October 2008, and many illegal organizations such as Rastriya Janata Dal were found in the workplace and demanded money.

Until April 2014, illegal organizations continued to demand and threaten the plaintiff's family members to return money, and the plaintiff is waiting to return to Korea only.

Therefore, at the time of returning to Korea, the Plaintiff is a refugee with a substantial risk of being threatened with life, body or freedom from a member of a specific 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."Refugees" means the country of nationality due to well-founded fears recognizing 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.

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