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(영문) 서울행정법원 2016.05.13 2016구단4280
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: AB - Entry and refugee application: January 27, 2015 (Status of Sojourn: Exemption (B-1) / Application for Refugee Recognition on February 23, 2015)

B. The Defendant’s decision not to recognize refugee status (hereinafter “instant disposition”) - Grounds: A sufficiently-founded fear of persecution cannot be recognized.

(c) Plaintiff’s objection and decision of dismissal - Decision of dismissal: The fact that there is no dispute on December 14, 2015 / [based on recognition], Gap’s evidence Nos. 1, 2, Eul’s evidence Nos. 1 and 2, and the purport of the whole pleadings.

2. Whether the instant disposition is lawful

A. The plaintiff's assertion that the plaintiff's punishment concurrently operated automobile parts in Ghana. Since the plaintiff's punishment is doubtful that the plaintiff used the purchase price of automobile parts for other purposes, the plaintiff's punishment is likely to kill him/her if he/she returns to Korea, he/she shall be recognized as a refugee.

B. Determination 1) Article 2 subparag. 1 of the Refugee Act provides that “Refugee” refers to a foreigner who is unable to receive or does not want to receive the protection of 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 specific social group, or political opinion, or a stateless foreigner who is unable to return to 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.” In full view of the following circumstances, when comprehensively considering the overall purport of the arguments as seen earlier, 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) Refugees shall be recognized.

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