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(영문) 서울행정법원 2016.10.28 2016구단57963
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 15, 2015, the Plaintiff entered the Republic of Korea on a short-term visit (C-3) visa on July 15, 2015, and applied for refugee recognition to the Defendant on September 8, 2015.

B. On December 30, 2015, the Defendant rendered a disposition to recognize refugee status (hereinafter “instant disposition”) against the Plaintiff on the ground that the Plaintiff cannot be deemed as having “a sufficiently-founded fear of persecution” as stipulated in Article 1 of the Convention on the Status of Refugees and Article 1 of the Protocol Relating to the Status of Refugees.

C. On January 15, 2016, the Plaintiff filed an objection with the Minister of Justice, but the said objection was dismissed on May 31, 2016.

[Ground of recognition] Evidence Nos. 1 through 3, Evidence No. 4-1, 2, Eul No. 1 and 2, and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s father’s assertion did not divide the Plaintiff’s property inherited from Indonesian to the third villages of the Plaintiff, who was a siblings, around 202, and the Plaintiff was threatened with the third villages since 11 years of death.

In the event that the plaintiff returned to his home country, the disposition of this case which did not recognize the plaintiff as a refugee is unlawful even though it is likely to be stuffed from the third villages.

B. In order to be recognized as a refugee, in addition to the requirement that the applicant for refugee status has a well-founded fear of persecution in his or her country, the applicant has been made on the ground of “a person’s race, religion, nationality, status as a member of a particular social group or political opinion”.

The reason for the persecution alleged by the Plaintiff is that “the Plaintiff is threatened with murdering from the third villages in which he seeks to deduct the inherited property,” and even if the Plaintiff’s assertion is recognized, it appears to be merely a matter of resolution by using the judicial system of his own country due to disputes between family members in respect of inherited property.

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