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(영문) 서울행정법원 2016.08.05 2016구단7173
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 July 1, 2010, the Plaintiff entered the Republic of Korea with the status of non-professional employment (E-9) as a foreigner with four arms, and thereafter extended the period of stay several times, and filed an application for refugee status recognition to the Defendant on April 20, 2015 before the expiration date of the status of stay was opened.

B. On June 24, 2015, the Defendant rendered a decision to recognize refugee status (hereinafter the instant disposition) on the ground that the Plaintiff’s assertion does not constitute a case of “a well-founded fear that would be subject to persecution” as a requirement of refugee under Article 1 of the Convention on the Status of Refugees and Article 1 of the Protocol Relating to the Status of Refugees.

[Reasons for Recognition] Uncontentious Facts, Gap 3, Eul 1, Eul 2, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion was subject to the demand for organization accession and payment of donations from the violent organization called Samyukta Jya Muti Muchia in the country of nationality. The Plaintiff refused this request, which caused the Plaintiff’s fire to the factory in office and the Plaintiff’s family members were harmed.

Therefore, the Defendant’s disposition that did not recognize the Plaintiff as a refugee is unlawful despite high possibility that the Plaintiff would be stuffed in the event that the Plaintiff returned to the four arms.

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

1. The term "refugee" means a foreigner who is unable or does not want to be protected from the country of his/her nationality due to well-founded fear 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, owing to such fear, is unable or does not want to return to the country in which he/she resided before entering the Republic of Korea (hereinafter referred to as "state of his/her nationality");

(c) each entry and pleading of the above facts of recognition and evidence Nos. 3 and 4 (including paper numbers).

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