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(영문) 서울행정법원 2018.04.06 2018구단52191
난민불인정결정취소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. During the process of the disposition, the Plaintiff’s short-term visit of sojourn status (C-3) on October 25, 2016, the date of entry into the Republic of Korea of the Republic of Korea of the Republic of Korea of the Republic of Korea (hereinafter “instant disposition”), and the purport of the entire pleadings and arguments, all of which were written by the Plaintiff on November 21, 2016, as of the date of application for refugee status recognition (hereinafter “instant disposition”) and on February 23, 2017: (a) there is no dispute as to the rejection of the notification of the decision on April 12, 2017, as of the date of application for objection, that there is no ground for recognizing the refugee status status under the notification of the decision on April 11, 2017; (b) Gap evidence 1 through 4, Eul evidence 1,

2. Whether the instant disposition is lawful

A. The plaintiff's assertion is a national of the Republic of Naria (hereinafter referred to as "Naria").

The father of the plaintiff died on February 21, 2015, and the father of the plaintiff succeeded to the father's legacy.

However, the plaintiff's dual-type system threatened the plaintiff in order to occupy the father's heritage.

Accordingly, the plaintiff has been in the Republic of Korea regardless of Austria.

As such, if the Plaintiff returned to Naria, it is likely to be threatened with the dualistic system, and thus, the Plaintiff should be recognized as a refugee.

B. Article 2 Subparag. 1 of the Refugee Act defines a refugee as “a foreigner who is unable to be protected or does not want to be protected from the country of nationality due to well-founded fear to recognize that he/she may be injured on the grounds of race, religion, nationality, membership of a particular social group, or political opinion, or who, due to such fear, does not want to return to the country in which he/she had resided before entering the Republic of Korea, or who is a state of nationality and who does not want to return.

The threat of the Plaintiff’s return to the instant case is due to the conflict between the family members surrounding the inherited property and the reason for recognition of refugee status as defined in the Refugee Act, namely, race, religion, nationality, membership of a specific social group or political group.

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