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(영문) 서울행정법원 2016.09.30 2016구단21841
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 March 31, 2015, the Plaintiff entered and stayed in the Republic of Korea as a short-term visit (C-3) sojourn status on March 31, 2015, and applied for refugee recognition to the Defendant on May 27, 2015.

B. On December 14, 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 where there is a well-founded fear that the Plaintiff would be subject to persecution as a 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] Facts without dispute, Gap 1 to 3, Eul 1, 2, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion reported to the police the fact that she was killed by her gymna by burning her gymna, and died during detention, and the Plaintiff’s gymnas families threatened with multiple symna families.

Therefore, the defendant's disposition of this case, which did not recognize the plaintiff as a refugee, is unlawful even though the possibility that the plaintiff would suffer from gambling when he return to ASEAN is high.

(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. The reason for the persecution alleged by the Plaintiff is not merely a dispute between individuals, but rather a dispute between individuals, on the ground of race, religion, nationality, status as a member of a specific social group or a political opinion.

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