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(영문) 서울행정법원 2016.11.30 2016구단24284
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: Russia - Entry and refugee application: Entry on October 15, 2015 [Status of Sojourn: Exemption of Visa (B-1)] on December 22, 2015

B. The Defendant’s decision not to recognize refugee status (hereinafter “instant disposition”) - Grounds for not recognition of refugee status (hereinafter “instant disposition”): No sufficiently-founded fear of fear that is likely to be harmful to gambling may be recognized.

(c) Plaintiff’s filing of an objection and decision of dismissal - Decision of dismissal: The fact that no dispute exists on June 30, 2016 (based on recognition), Gap’s 1, 2, Eul’s 1, 2, 3, and 4, and the purport of the whole pleadings.

2. Whether the instant disposition is lawful

A. From 2010 to 2010, the Plaintiff’s assertion that he/she had a teaching system with the Simpathian in Russia. From around 2015 to 2015, the female-friendly Gu left the house on September 2015, opposing to marriage on the grounds that the parents of women-friendly districts have different religious sects.

Since then, the parent of a female-friendly Gu has brought intimidation against the plaintiff by asserting that the plaintiff had raped female-child districts.

Since the Plaintiff’s return to the Republic of Korea is likely to cause harm to his/her life and body, refugee status should be recognized.

B. Determination 1) Article 2 Subparag. 1 of the Refugee Act provides that “Refugees” refers to foreigners who are unable or do not want to be protected by the country of nationality due to well-founded fear to recognize that they may be injured on the grounds of race, religion, nationality, status as a member of a specific social group, or political opinion, or foreigners who are not able to return to or do not want to return to the country of nationality before entering the Republic of Korea due to such fear.” 2) In full view of the following circumstances revealed by the aforementioned evidence, the Plaintiff is “a well-founded fear that is likely to be injured on the grounds of race, religion, nationality, membership of a specific social group, or political opinion.”

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