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(영문) 서울행정법원 2016.10.28 2016구단14751
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: November 10, 2014 (Status of Sojourn: C-3) / Application for refugee status on December 24, 2014

B. The Defendant’s decision not to recognize refugee status (hereinafter “instant disposition”) - Grounds for not recognition of refugee status (see, e.g., November 11, 2015): No well-founded fear of fear may be recognized.

(c) Plaintiff’s filing of an objection and decision of dismissal - Decision of dismissal: The fact that no dispute exists on March 23, 2016 [based on recognition], Gap’s written evidence Nos. 1, 2, Eul’s written evidence Nos. 1, 2, 3 and 5, and the purport of the whole pleadings.

2. Whether the instant disposition is lawful

A. The Plaintiff asserted that he/she was killed and threatened with the death of the deceased who sought to succeed to a family head from A around October 2014 and fled, and thus, constitutes 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 The Plaintiff entered the Republic of Korea several times from 2001 to 2014 for the purpose of purchasing motor vehicle parts, and the status of stay for a short-term visit (C-3) on November 10, 2014.

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