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(영문) 서울행정법원 2016.12.02 2016구단61665
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 the Republic of Korea and refugee application - Plaintiff’s nationality: AB - Entry and refugee application: Entry on September 16, 2015 (Status of Sojourn: C-3) / Application for refugee recognition on September 30, 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 sufficiently-founded fear of fear that is likely to be harmful to gambling may be recognized.

(c) Plaintiff’s filing of an objection and decision of dismissal - Decision of dismissal: Facts that there is no dispute on September 9, 2016 (based on recognition), Gap’s 1, 2, Eul’s 1, 2, 3, and 4, and the purport of the whole pleadings.

2. Whether the instant disposition is lawful

A. After the Plaintiff’s assertion of around 2015, the father’s death, the Plaintiff asserted the ownership of the father’s house in A or E, and the father’s relatives who were dead were refusing this, and threatened the Plaintiff with murder. As such, the Plaintiff ought to 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) An applicant for refugee status shall be recognized as a refugee.

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