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(영문) 서울행정법원 2017.01.26 2017구단599
난민불인정결정취소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. The Plaintiff is a three-year national foreigner in the instant disposition.

On October 8, 2015, the Plaintiff applied for refugee status to the Defendant.

On January 14, 2016, the Defendant rendered a decision not to recognize refugee status on the ground that “a well-founded fear of persecution” against the Plaintiff is not recognized.

(hereinafter “Disposition in this case”). 【No dispute exists, Gap’s evidence No. 1, the purport of the whole pleadings

2. Whether the disposition is lawful;

A. The Plaintiff’s assertion is against the disposition of this case, since his father and Islamic spaw are different from his father, and thus, the disposition of this case is unlawful.

B. The term “refugee” refers to a foreigner who is unable or does not want to be protected by the country of nationality due to well-founded fear to recognize that he/she may be injured on the grounds of race, religion, nationality, status as a member of a particular social group, or political opinion, or a stateless foreigner who, owing to such fear, is unable to return to or does not want to return to the country in which he/she resided before entering the Republic of Korea.

(No. 1) Article 2 Subparag. 1 of the Refugee Act, which is the requirement for recognition of refugee status, refers to “any act causing serious infringement or discrimination on essential human dignity, including threats to life, body, or freedom,” and the fact that there is a “comfortable fear” subject to such persecution should be attested by a foreigner who files an application for recognition of refugee status.

(see, e.g., Supreme Court Decision 2013Du14269, Mar. 10, 2016). In the event that the Plaintiff returns to a country of nationality, there is no evidence to acknowledge that there is a well-founded fear of persecution for reasons of race, religion, nationality, status as a member of a specific social group or political opinion.

The plaintiff's reason is only a conflict within his family, and it is sufficient to be persecutiond for reasons of race, religion, nationality, status as a member of a specific social group or political opinion.

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