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(영문) 서울행정법원 2016.10.28 2016구단20794
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) Plaintiff’s entry into the Republic of Korea and refugee application - Plaintiff’s nationality: Maria - Entry into the Republic of Korea and refugee application: March 18, 2015 (Status of Sojourn: C-3) / Application for refugee recognition on April 1, 2015

B. The Defendant’s decision not to recognize refugee status (hereinafter “instant disposition”) - Grounds for not recognition of refugee status (see, e.g., November 30, 2015): No well-founded fear of fear may be recognized.

(c) Plaintiff’s filing of an objection and decision of dismissal - Decision of dismissal: Facts that no dispute is raised on May 31, 2016 [based on recognition], evidence Nos. 1, 2, and No. 1, 2, 3, 4, and 5, and purport of the whole pleadings.

2. Whether the instant disposition is lawful

A. The plaintiff's assertion is threatened with the threat of Bobane in Austria, and on the other hand, it is possible to arrest a person as Bobane organization by mistake from the police. Thus, refugee status should be recognized.

B. Determination 1) Article 2 subparag. 1 of the Refugee Act provides that “Refugee” means a foreigner who is unable or does not want to be protected by the country of nationality due to a well-founded fear to recognize 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 is unable or does not want to return to the country in which he/she had resided before entering the Republic of Korea due to such fear.” 2) In full view of the following circumstances revealed by the evidence as seen earlier, when comprehensively considering the following circumstances, it is difficult to view that the Plaintiff has “a well-founded fear of persecution on the grounds of race, religion, nationality, membership of a specific social group, or political opinion,” and there is no other evidence to acknowledge this otherwise, the disposition of this case, which rejected the Plaintiff’s application for recognition of refugee status, is legitimate.

(1) The universal risk existing in Bobane is only a social problem, and thus, the risk of Bobane is only a social problem.

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