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(영문) 서울행정법원 2016.10.20 2016구단18388
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 February 13, 2015, the Plaintiff, a foreigner of the nationality of the Republic of Austria, entered the Republic of Korea as a short-term visit (C-3) on a short-term basis, and applied for refugee status to the Defendant on February 24, 2015.

B. On December 21, 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 January 4, 2016, the Plaintiff filed an objection with the Minister of Justice on January 4, 2016, but was rendered a decision dismissing the Plaintiff’s application on May 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’s assertion is a chronology, but the Plaintiff’s assistance division was believed to be a village president in the village called “B” in the country of nationality, and the village president was the Plaintiff’s assistance division in 2014. As the Plaintiff’s assistance division died in 2014, the village people demanded the Plaintiff’s father to succeed to the president position, and the Plaintiff’s request was rejected, and the village visitors murdered the Plaintiff’s assistance on February 15, 2015.

If the plaintiff refuses to succeed to the position of the president, the plaintiff will be subject to the same work as the plaintiff himself/herself, and the plaintiff will also be at the risk of being subject to the same work if he/she returns to the country of nationality.

As such, the instant disposition taken on a different premise is unlawful, even though the Plaintiff was under an persecution for religious reasons in the nationality state.

(b) The definitions of terms used in this Act shall be as follows:

1. “Refugee” shall be recognized as being detrimental to race, religion, nationality, status as a member of a particular social group or political opinion on the ground of race, religion, nationality, or political opinion.

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