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(영문) 서울행정법원 2018.11.09 2018구단15499
난민불인정결정취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. During the disposition, the following facts are: (a) the Plaintiff’s nationality Kazakhistan Republic of Korea entry date of February 24, 2016; (b) refugee status exemption (B-1) refugee status exemption (hereinafter “instant disposition”); (b) the date of application for refugee status exemption (hereinafter “instant disposition”) on August 11, 2016; and (c) the reasons for refugee status non-recognition by the decision of July 28, 2017; (b) there is no ground for dispute as to the rejection of the decision of the decision of June 12, 2018 as of the date of application for objection; (c) the facts that there is no ground for the rejection of the decision of the decision of June 12, 2018; and (d) the entries in subparagraphs 1, 2, and 1,

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion is a national of the Republic of Kazakhstan (hereinafter “Kazakhstan”).

The plaintiff operated his business in Kazakhstan.

However, as the wind has become the wind of a certain day, the plaintiff has caused a lot of damages.

Accordingly, the plaintiff has been in the Republic of Korea regardless of Kazakhstan.

If the Plaintiff returned to Kazakhstan, it is difficult to live due to the occurrence of the damage, and thus, the Plaintiff should be recognized as a refugee.

B. Article 2 Subparag. 1 of the Refugee Act defines a refugee as “a foreigner who is unable to be protected or does not want to be protected from the country of nationality due to well-founded fear to recognize that he/she may be injured on the grounds of race, religion, nationality, membership of a particular social group, or political opinion, or who, due to such fear, does not want to return to the country in which he/she had resided before entering the Republic of Korea, or who is a state of nationality and who does not want to return.

In the instant case, even based on the Plaintiff’s assertion itself, the Plaintiff cannot return to Kazakh for economic reasons, which does not constitute grounds for recognition of refugee status (such as race, religion, nationality, membership of a specific social group, or political opinion) stipulated in the Refugee Act.

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