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(영문) 서울행정법원 2016.09.09 2016구단10865
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 September 15, 2015, the Plaintiff entered the Republic of Korea on a short-term visit (C-3) visa on September 15, 2015, and applied for refugee recognition to the Defendant on September 23, 2015.

B. On October 28, 2015, the Defendant rendered a disposition of non-recognition of refugee status (hereinafter “instant disposition”) to the Plaintiff on the ground that the Plaintiff cannot be deemed as having “a sufficiently-founded fear of persecution” as stipulated in Article 1 of the Convention on the Status of Refugees and Article 1 of the Protocol Relating to the Status of Refugees.

C. As to this, the Plaintiff filed an objection with the Minister of Justice on November 6, 2015, but was dismissed on March 23, 2016.

[Ground of recognition] Evidence Nos. 1-1, 2, Gap evidence Nos. 2-4, Eul evidence Nos. 1, 2 and 4, and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. On June 29, 2015, the Plaintiff asserted that he/she left the Republic of Korea after having been threatened by the Plaintiff from the robbery entering the Plaintiff’s house in his/her home, and had her home left the Republic of Korea.

If the plaintiff returned to his own country, the disposition of this case which did not recognize the plaintiff as a refugee is unlawful despite the possibility that the plaintiff might also be threatened with robbery.

B. In order to be recognized as a refugee, in addition to the requirement that the applicant for refugee status has a well-founded fear of persecution in his or her country, the applicant has been made on the ground of “a person’s race, religion, nationality, status as a member of a particular social group or political opinion”.

The reason for persecution alleged by the Plaintiff is that “the Plaintiff was threatened with armed robbery,” and even if all of the Plaintiff’s allegations were recognized, it appears to be merely a matter to be resolved by the Plaintiff through the judicial system of his own country due to private disputes, and such threat is the Plaintiff’s race, religion, nationality, status as a member of a specific social group or political organization.

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