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(영문) 서울행정법원 2016.08.19 2016구단14843
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 July 2, 2012, the Plaintiff entered the Republic of Korea as a non-professional employment (E-9) foreigner with four arms and stayed, and applied for refugee status to the Defendant on June 25, 2015.

B. On August 27, 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, 2, Eul 1, 2, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff asserted that since 2009, the Plaintiff was demanded from the members of the Marinst, 2009 to have engaged only in Nepalilis Part and close down a restaurant operated by the Plaintiff. On November 28, 201, the Plaintiff was assaulted to the members of the Marinst, 201, and was demanded to pay donations even on January 10, 2015.

Therefore, the Defendant’s disposition that did not recognize the Plaintiff as a refugee is unlawful despite high possibility that the Plaintiff would be stuffed in the event that the Plaintiff returned to the four arms.

(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. “Lambling” which is a requirement for recognition of refugee status 1 is an essential human dignity, including threats to life, body or freedom.

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