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(영문) 서울행정법원 2016.11.11 2015구단14365
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: AB - Entry and refugee application: July 14, 2012 (Status of Sojourn: C-3) / Application for refugee recognition on December 26, 2012

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 objection and decision of dismissal - Decision of dismissal: (a) the fact that no dispute is raised on April 2, 2015 (based on recognition); (b) evidence Nos. 1, 2, and evidence Nos. 1, 2, and 3; and (c) the purport of the whole pleadings.

2. Whether the instant disposition is lawful

A. The plaintiff's assertion was that the plaintiff did not know about the plaintiff's Ga's Ga's Ga's Ga's Ga's Ga's Ga's Ga's Ga's

The Plaintiff constitutes a refugee inasmuch as there is a risk of persecutioning on the ground of his/her member status as a member of a specific social group.

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 subject to persecution in his/her home country.

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