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(영문) 서울행정법원 2016.10.06 2016구단58348
난민불인정결정취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

Details of the disposition

On May 28, 2014, the Plaintiff applied for refugee status to the Defendant on June 11, 2014 while entering and staying in the Republic of Korea for short-term visit visa (C-3 and 30 days of sojourn) on May 28, 2014.

On September 30, 2015, the Defendant rendered a disposition of non-approval of the Plaintiff’s application for refugee status (hereinafter “instant disposition”) on the ground that the Plaintiff’s assertion does not constitute “a well-founded fear of persecution” as stipulated in Article 1 of the Refugee Convention and Article 1 of the Refugee Protocol.

The Plaintiff filed an objection with the Minister of Justice on October 29, 2015, but the said objection was dismissed on the same ground as March 24, 2016, and the said dismissal decision was notified to the Plaintiff on May 11, 2016.

【The Plaintiff’s assertion as to the legitimacy of the instant disposition indicated in Gap’s Nos. 1 through 4 (including paper numbers), and Eul’s Nos. 1 through 3 was a witness of Bochi, an organization of Islamic armed forces, and thereafter, the terrorism of Bocochi escaped escaped from Bochial.

Therefore, the defendant's disposition of this case which did not recognize the plaintiff as a refugee is unlawful.

Judgment

In addition to the above-mentioned facts, it is insufficient to view that there is a well-founded fear of persecution to the Plaintiff in full view of the following circumstances, which can be known when adding the description of No. 4 and the purport of the entire argument, and the Defendant’s disposition of this case is lawful since there is no evidence to acknowledge it otherwise

Since the risk of Bocois is only a social issue, the universal risk existing in Bocois is not a social issue. Thus, unless there are special circumstances that Bocois's gambling does not harm the plaintiff by specifying the plaintiff, it is difficult to view it as a ground for recognition of refugee status under the Refugee Act just because Bocois is unstable due to Bocois.

The Plaintiff.

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