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(영문) 서울행정법원 2015.05.15 2015구단2140
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. The Plaintiff, on December 2, 2008, entered the Republic of Korea as a non-professional employment (E-9) foreigner with four arms and applied for refugee status to the Defendant on September 27, 2013, which was four days before the expiration of the period of stay, while staying in the Republic of Korea.

B. On January 15, 2014, the Defendant rendered a disposition to deny refugee status (hereinafter “instant disposition”) on the ground that the Plaintiff does not constitute a well-founded fear of persecution.

[Reasons for Recognition] Unsatisfy, Gap evidence Nos. 1 through 4, Eul evidence Nos. 1 and 2, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. A. On September 7, 2013, five members of the NAFNational Maritime Cable (Samyukta Ji Tukti Mukti Morcha), the Plaintiff’s assertion four arms, who were the armed forces of the Plaintiff, sought the Plaintiff’s family members to live together and to join their organizations if the Plaintiff’s family members live together, and if the Plaintiff’s family members do not receive any contribution, they demand them to act together.

In the event that the Plaintiff returned to the Republic of Korea, the instant disposition that the Defendant did not recognize the Plaintiff as a refugee is unlawful, even though it constitutes a refugee with a risk of persecution, such as threatening life and physical harm, etc.

(b) The definitions of terms used in this Act under relevant Acts and subordinate statutes 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 ground 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) In order to be recognized as a refugee, the applicant for refugee status must have a well-founded fear of persecution in his or her country.

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