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(영문) 서울행정법원 2016.05.20 2016구단806

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 19, 2013, the Plaintiff entered the Republic of Korea on a short-term visit (C-3) visa on October 19, 2013, and applied for refugee recognition to the Defendant on February 7, 2014.

B. On May 14, 2015, the Defendant rendered a disposition of non-recognition of refugee status (hereinafter “instant disposition”) to the Plaintiff on the ground that the Plaintiff cannot be deemed as having “a sufficiently-founded fear of persecution” as stipulated in Article 1 of the Convention on the Status of Refugees and Article 1 of the Protocol Relating to the Status of Refugees.

C. On June 23, 2015, the Plaintiff filed an objection with the Minister of Justice, but the said objection was dismissed on September 24, 2015.

[Ground of recognition] Evidence Nos. 1 through 4, Evidence Nos. 1 through 3, and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. After the Plaintiff’s father’s assertion died in 198, the Plaintiff resided in the land inherited from his father as well as the deaf-mute and living together with his father. However, the Plaintiff attempted to kill the Plaintiff by threateninging and threatening the Plaintiff’s head, who was found to be 18 years of age, to exercise the ownership of the said land.

In the event that the plaintiff returns to his own country, the disposition of this case, which did not recognize the plaintiff as a refugee, is unlawful despite the possibility that the plaintiff might be stuffed from the two-years who intend to deduct the plaintiff's inherited property.

B. In order to be recognized as a refugee, in addition to the requirement that the applicant for refugee status has a well-founded fear of persecution in his or her country, the applicant has been made on the ground of “a person’s race, religion, nationality, status as a member of a particular social group or political opinion”.

The Plaintiff’s ground for applying for refugee status is that “the Plaintiff is threatened with murdering from both abandoning the land, which is an inherited property,” which is a private dispute on inherited property, and that is, the Plaintiff’s home country.