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(영문) 서울행정법원 2016.06.16 2016구단12618
난민불인정결정취소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. The Plaintiff is a Ga or a foreigner of nationality.

On May 20, 2015, the Plaintiff applied for refugee status to the Defendant.

On November 11, 2015, the Defendant rendered a decision not to recognize refugee status on the ground that “a well-founded fear of persecution” against the Plaintiff is not recognized.

(hereinafter “Disposition in this case”). [Ground for recognition] The fact that there is no dispute, Eul evidence Nos. 1 to 4, and the purport of the whole pleadings

2. Whether the disposition is lawful;

A. On March 2015 or April 2015, a third person whose identity was unknown with the Plaintiff’s claim was found in the building that the Plaintiff was living in the same building, and the Plaintiff was able to find another tenant in the same building, and the Plaintiff’s defect and intimidation.

On April 2015, they were found in the Plaintiff’s home again with the absence of the Plaintiff on April 2015, and the Plaintiff was in the 10th day of the night, the Plaintiff’s wife and the son.

The plaintiff's wife threatened the plaintiff's wife that his wife will die unless the wife finds the plaintiff and find his wife.

The Plaintiff’s disposition in this case is unlawful, since the Plaintiff’s identity and wife are likely to be threatened by his/her family members when they return to the country of nationality.

B. The term “refugee” refers to a foreigner who is unable or does not want to be protected by the country of nationality due to well-founded fear to recognize that he/she may be injured on the grounds of race, religion, nationality, status as a member of a particular social group, or political opinion, or a stateless foreigner who, owing to such fear, is unable to return to, or does not want to return to, the country in which he/she resided before entering the Republic of Korea.

(No. 1 of Article 2 of the Refugee Act). The term “persecution”, which is a requirement for recognition of refugee status, means “any act causing serious infringement or discrimination on essential human dignity, including threats to life, body or freedom,” and is thereby subject to such persecution.

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