beta
(영문) 서울행정법원 2016.08.19 2016구단13857

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 November 2, 2014, the Plaintiff entered the Republic of Korea as a short-term visit (C-3) sojourn status on a short-term visit (C-3) and stayed, and filed an application for refugee status with the Defendant on December 16, 2014.

B. On October 15, 2015, the Defendant rendered a decision to recognize refugee status (hereinafter the instant disposition) on the ground that the Plaintiff’s assertion 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 1 to 3, Eul 1, 2, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The plaintiff's plaintiff's assertion was a dead body of the country of nationality, and the plaintiff's death was the plaintiff's death, and the plaintiff's death did not call to the plaintiff to prepare for the succession to private post.

Therefore, the defendant's disposition of this case which did not recognize the plaintiff as a refugee despite high possibility that the plaintiff would be subject to gambling when he returns to the country of nationality is illegal.

(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. “persecution” which is a requirement for recognition of refugee status 1 refers to “any act causing serious infringement or discrimination on essential human dignity, including threats to life, body or freedom,” and such gambling.

참조조문