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(영문) 광주지방법원 2016.06.30 2016구단10766
난민불인정결정취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Details of disposition;

A. On October 30, 2007, the Plaintiff, a foreigner of Vietnam, entered the Republic of Korea as non-professional employment (E-9) visa and stayed beyond the expiry date of his/her stay on August 29, 2012, and filed an application for refugee status with the Defendant on September 3, 2015.

B. On December 3, 2015, the Defendant issued a notification of refugee non-recognition (hereinafter “instant disposition”) to the Plaintiff on the ground that there is no “a well-founded fear of persecution,” which is 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,” which is a requirement of refugee status.

【Ground of recognition】 The fact that there has been no dispute, Gap Nos. 1, 2, Eul Nos. 1 and 2, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion in Korea and most transfers most incomes to the families in Vietnam could not maintain their livelihood if the Plaintiff did not return to Vietnam and transfer them to Vietnam, which eventually causes a serious violation of essential dignity to the Plaintiff’s family members. Accordingly, the instant disposition that recognized refugee status without considering all these circumstances is unlawful.

(b) Entry in the attached Form of relevant Acts and subordinate statutes;

C. The Plaintiff’s assertion that a transfer should be made for the livelihood of his family members in Vietnam by working in the Republic of Korea does not in itself constitute “sufficient fear of persecution for reasons of race, religion, nationality, membership of a specific social group, or political opinion,” and there is no other evidence to acknowledge it otherwise.

Meanwhile, in an interview investigation, the Plaintiff made a statement to the effect that, while taking advantage of a church’s father who was frighted with an administrative agency, the father refused it and reported it to the police, the church users cannot return to the Republic of Korea by threatening his father and her father to commit violence against his her father, but this is protected by its government.

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