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(영문) 서울행정법원 2016.09.30 2016구단59815
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 October 9, 2013, the Plaintiff entered the Republic of Korea as a short-term visit (C-3) sojourn status on a short-term basis on October 9, 2013, and applied for refugee status to the Defendant on August 24, 2015 while illegally staying after the expiration of the period of stay (15 days).

B. On August 31, 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] Facts without dispute, Gap 1 through 4, Eul 1, 2, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The plaintiff's assertion is the child of the president of the traditional religious village of Dogria high-ranking, who is a threat of village residents' father's followed and the president's followed, but rejected the plaintiff's assertion against the religion of Dogian.

After that, the plaintiff was tending a musical attack.

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 phrase “gambling” which serves as the requirement for recognition of refugee status 1 is either life, body, or life.

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