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(영문) 서울행정법원 2016.11.03 2016구단18555

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. The Plaintiff entered the Republic of Korea as a short-term visa (C-3) on April 2, 2014, and applied for refugee status to the Defendant on April 28, 2014.

B. On December 14, 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 that would be subject to persecution” as stipulated in the Refugee Act and the Convention on the Status of Refugees (hereinafter referred to as the instant disposition).

C. On January 12, 2016, the Plaintiff filed an objection with the Minister of Justice on January 12, 2016, but the decision was rendered to dismiss the Plaintiff’s application on June 30, 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 succeeded to the land and house from the lighting, and according to the law of the area in which the Plaintiff was residing, the Plaintiff, the only son, succeeded to the property from the her her son, and his her son tried to kill the Plaintiff by taking a bath in the inherited property, setting the Plaintiff a toxic drug for food, etc.

As such, the disposition of this case, which was taken on a different premise, is unlawful even though the Plaintiff was under an stuff in the country of nationality.

(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 wish to be protected from the country of nationality due to well-founded fear that he/she may be harmed by race, religion, nationality, status as a member of a particular social group, or political opinion, or who is not entitled or does not want to return to the country in which he/she resided before entering the Republic of Korea (hereinafter referred to as “orthing country”) due to such fear;