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(영문) 서울행정법원 2016.05.27 2016구단4914

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 March 12, 2014, the Plaintiff entered the Republic of Korea on a short-term visit (C-3) visa on March 12, 2014 and stayed, and applied for refugee status to the Defendant on March 27, 2014.

B. On April 22, 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 of “a well-founded fear that would be subject to persecution” as a requirement of refugee 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, 2, Eul 1, 2, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff asserted that he was admitted to the university and was engaged in activities by joining a confidential local organization called "Pyrat" (hereinafter the instant local organization) around 2004, and was given a religious belief around 2009, and withdrawn from the said local organization.

Therefore, the defendant's disposition of this case, which did not recognize the plaintiff as a refugee, is unlawful even though the possibility that the plaintiff would suffer from gambling when the plaintiff return to Austria was high.

(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.”

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