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(영문) 대구지방법원 2016.09.22 2016구합966
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 8, 2008, the Plaintiff entered the Republic of Vietnam for non-professional employment (E-9) status on non-professional employment (E-9) and obtained permission for extension of the period of stay six times on six occasions. On June 19, 2015, the Plaintiff filed an application for recognition of refugee status with the Defendant on June 19, 2015 while he illegally staying in Korea after the expiration of the period of stay after the expiration of the period of stay (E-9 May 7, 2013).

B. On September 23, 2015, 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 be subject to gambling, which is a requirement for refugee status.

C. The Plaintiff appealed to the Minister of Justice on November 26, 2015, but the objection was dismissed on March 23, 2016.

【Ground of recognition】 The fact that there has been no dispute, Gap Nos. 1 and 2, Eul No. 1 and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion that the Plaintiff purchased land in Vietnam around 2012, and thereafter asserted that the Plaintiff is the landowner, appear several times, and the Plaintiff’s family members are threatening to threaten the Plaintiff and the Plaintiff’s return to Vietnam, and thus, the Plaintiff’s application for refugee status is likely to be harmed by the landowner. Therefore, the instant disposition that rejected the Plaintiff’s application for refugee status

(b) The definitions of terms used in this Act under relevant Acts and subordinate statutes shall be as follows:

1. The term "refugee" means a foreigner who is unable or does not wish to be protected by the country of nationality due to well-founded fear that he/she may be harmed by race, religion, nationality, status as a member of a particular social group, or political opinion, or who is a non-national 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 "beneficial country") before his/her entry into the Republic of Korea;

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