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(영문) 광주지방법원 2016.07.21 2016구단10759

난민불인정처분취소

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Details of disposition;

A. On July 2, 2015, the Plaintiff, a foreigner of Sirido nationality, entered the Republic of Korea at a short-term general (C-3) visa on July 2, 2015 and applied for refugee status to the Defendant on July 21, 2015.

B. On September 14, 2015, the Defendant issued a notification of refugee non-recognition (hereinafter “instant disposition”) to the Plaintiff on the ground that there is no “a well-founded fear of persecution,” which is a requirement for refugee status under Article 1 of the Convention on the Status of Refugees and Article 1 of the Protocol Relating to the Status of Refugees,” which is a requirement for refugee status.

C. The Plaintiff appealed and filed an objection with the Minister of Justice, but the application was dismissed on December 14, 2015.

【Ground of recognition】 The fact that there has been no dispute, Gap Nos. 1 and 2, Eul No. 3, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s father, who was the head of a local group in the Plaintiff’s home country, should succeed to the Plaintiff’s death. However, the Plaintiff, who was the head of a local group in the Plaintiff’s home country, had no choice but to refuse to succeed to the succession of conscience, and the Plaintiff, which was threatened by the village residents, was in flight to the Republic of Korea. As such, there is sufficient concern that the Plaintiff would face gambling when he returns to the Republic of Korea due to the Sildo, and it is a reasonable fear. However, the instant disposition that did not recognize

(b) Entry in the attached Form of relevant Acts and subordinate statutes;

C. In light of the following circumstances acknowledged by comprehensively taking account of the respective descriptions of evidence Nos. 1 through 3 and the purport of the entire pleadings, it is difficult to view that the Plaintiff has “a well-founded fear of persecution on the grounds of race, religion, nationality, membership of a particular social group, or political opinion,” even if all evidence and arguments submitted by the Plaintiff were considered, and there is no other evidence to acknowledge it.

① The Plaintiff, in the interview and investigation, shall be the Gwangju Summer City.