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(영문) 서울행정법원 2016.11.11 2016구단16887
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 Korea and refugee application - Plaintiff’s nationality: well-known

- Entry and refugee application: Entry on March 15, 2014 (Status of Sojourn: C-3) on April 11, 2014

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 objection and decision of dismissal - Decision of dismissal: The fact that there is no dispute on March 23, 2016 (based on recognition), Gap’s evidence Nos. 1 and 2, Eul’s evidence Nos. 1 through 7, and the purport of the whole pleadings.

2. Whether the instant disposition is lawful

A. The plaintiff's assertion is well-known.

From the time of high school students, there is a well-founded fear that there is a good reason to recognize that the same-sexs could be harmed by the reason of their membership in a specific social group, such as being attacked by local residents on the grounds of same-sexs in March 2014.

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 Plaintiff shall be present at the Gwangju Summer District.

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