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(영문) 서울행정법원 2016.08.26 2016구단15266
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 October 24, 2014, the Plaintiff, a foreigner of the Republic of Korea, entered the Republic of Korea as a short-term visit (C-3) sojourn status on October 29, 2014, and applied for refugee recognition to the Defendant on October 29, 2014.

B. On November 5, 2015, the Defendant rendered a decision to recognize refugee status (hereinafter the instant disposition) on the ground that the Plaintiff’s assertion does not constitute a case of “a well-founded fear that would be subject to 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] Facts without dispute, Gap 1 through 4, Eul 1, 2, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion that the Plaintiff’s father left a will to succeed to the Plaintiff’s shortage of position, and died on January 1, 2013, and the Plaintiff, who is a stowingian, refused this.

The plaintiff's double-presidential system that sets up the property of the referring threatens the plaintiff designated as the deficient head of office, and village senior citizens threaten the plaintiff to refuse to succeed to the father-presidential position.

Therefore, the defendant's disposition of this case which did not recognize the plaintiff as a refugee despite high possibility that the plaintiff would be subject to gambling when he returns to the country of nationality is illegal.

(b) The definitions of terms used in this Act 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 grounds 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. The phrase “gambling” which is a requirement for recognition of refugee status 1 is life, body, etc.

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