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(영문) 서울행정법원 2016.09.30 2016구단59624
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 August 18, 2015, the Plaintiff entered the Republic of Korea as a short-term visit (C-3) sojourn status on August 18, 2015 and stayed, and applied for refugee recognition to the Defendant on August 20, 2015.

B. On September 24, 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 to 3, Eul 1, 2, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion was made by the Plaintiff as the president of the highly advanced village for 40 years, and died on January 2015, 2015, and the village people forced the Plaintiff, who was the believers, to succeed to the president’s position. The Plaintiff refused this, thereby threatening the Plaintiff, and detained the Plaintiff on July 2015.

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 term “persecution”, which is a requirement for recognition of refugee status 1, includes threats to life, body or freedom.

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