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(영문) 서울행정법원 2017.01.20 2016구단25720
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) Plaintiff’s entry into Korea and refugee application - Plaintiff’s nationality: Thailand - Entry and refugee application: May 17, 2015 (Status of Sojourn: Exemption (B-1) / Application for Refugee Recognition on August 5, 2015)

B. The Defendant’s decision not to recognize refugee status (hereinafter “instant disposition”) - Grounds for not recognition of refugee status (hereinafter “instant disposition”): No well-founded fear of fear may be recognized.

(c) Plaintiff’s objection and decision of dismissal - Decision of dismissal: The fact that there is no dispute on June 30, 2016 / [based on recognition], Gap’s evidence Nos. 1, 2, Eul’s each entry, 1, 2, and 3, and the purport of the whole pleadings.

2. Whether the instant disposition is lawful

A. The Plaintiff asserted that he/she had an assault and demanded the return of property to a third party who manages the property of his/her father in Thailand around March and April 2015. Since returning to Thailand may cause harm to the life and body, the Plaintiff should be recognized as a refugee.

B. Determination 1) Article 2 subparag. 1 of the Refugee Act provides that “Refugee” means a foreigner who is unable or does not want to be protected by the country of nationality due to a well-founded fear to recognize 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 is unable or does not want to return to the country in which he/she had resided before entering the Republic of Korea due to such fear.” 2) In full view of the following circumstances revealed by the evidence as seen earlier, when comprehensively considering the following circumstances, 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 specific social group, or political opinion,” and there is no other evidence to acknowledge this otherwise, the disposition of this case, which rejected the Plaintiff’s application for recognition of refugee status, is legitimate.

(1) To be recognized as a refugee, an applicant for refugee status shall be persecution in his/her home country.

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