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(영문) 서울행정법원 2016.12.15 2016구단24079

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 October 17, 2015, the Plaintiff entered the Republic of Korea as a foreigner with the nationality of the Republic of ASEAN, as a short-term visit (C-3) on a short-term basis, and applied for refugee status to the Defendant on November 10, 2015.

B. On November 11, 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 December 18, 2015, the Plaintiff filed an objection with the Minister of Justice on December 18, 2015, but was rendered a final decision dismissing the Plaintiff’s application on March 31, 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 asserted that the Plaintiff operated a business entity that imported and sold electronic equipment with the attachment to the country of nationality, and the Plaintiff’s attachment was dead in 2011, and that it would cause the Plaintiff to either obtain the Plaintiff’s property while managing the Plaintiff’s business, or die if the Plaintiff knew of the reasons for the Plaintiff’s death.

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 want to be protected from the country of his/her nationality due to well-founded fear that he/she may be injured on the ground of race, religion, nationality, status as a member of a particular social group, or political opinion, or a foreigner who has resided in the Republic of Korea (hereinafter referred to as "member country") before entering the Republic of Korea due to such fear;