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(영문) 서울행정법원 2016.04.08 2015구단18855
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 July 23, 2013, the Plaintiff entered the Republic of Korea on July 23, 2013, but left the Republic of Korea on October 15, 2013 and stayed again on October 25, 2013, and applied for refugee status to the Defendant on November 22, 2013, prior to the expiration of the period of stay (on November 24, 2013).

B. On September 24, 2014, the Defendant rendered a decision of non-recognition of refugee status (hereinafter “instant disposition”) on the ground that the Plaintiff does not constitute a case where there is a well-founded fear that the Plaintiff would suffer 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] Unsatisfy, Gap evidence 1, 2, Eul evidence 1 and 2, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff asserted that he had resided in Austria and moved to the Republic of South Africa after his parents’ death, and operated a wait shopping center located in Habberg.

However, the armed rupture attacked only the store operated by the plaintiff and added the plaintiff's store and 2 employees. It is thought that the plaintiff was not from the Republic of South Africa and only the plaintiff's store was attacked.

The police has yet to know who is a criminal.

Therefore, the Plaintiff is a refugee who is likely to be subject to harassment such as assault, injury, intimidation, etc. on the ground that he/she belongs to a specific social group when returning to Korea.

Nevertheless, the instant disposition made by the Defendant on a different premise is unlawful.

(b) The definitions of terms used in this Act shall be as follows:

1. The term “refugee” shall be adequate to recognize that a person is likely to be disadvantaged on the ground of race, religion, nationality, status as a member of a particular social group or political opinion.

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