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(영문) 광주지방법원 2016.12.22 2016구단837
난민불인정처분취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Details of disposition;

A. On July 29, 2008, the Plaintiff, who is a foreigner of the Socialist Republic of Vietnam (hereinafter “Vetnam”), entered the Republic of Korea as a non-professional employment (E91) sojourn status on July 29, 2008, and stayed after May 28, 2013, the expiration period of stay, and filed an application for refugee with the Defendant on March 14, 2016.

B. On July 8, 2016, the Defendant issued a notification of refugee status refusal (hereinafter “instant disposition”) to the Plaintiff on the ground that there is a well-founded fear that the Plaintiff would be subject to persecution, which is a requirement of refugee under Article 1 of the Convention on the Status of Refugees and Article 1 of the Protocol on the Status of Refugees.

[Ground of recognition] The fact that there is no dispute, Gap evidence 1, Eul evidence 1, Eul evidence 1, 2, and 3, and the purport of whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion that a third-party relationship and property dispute were threatened by a third-party relationship in Vietnam, and thus, the instant disposition that did not recognize it on a different premise is unlawful even if the return to Vietnam could be imminent.

(b) Entry in the attached Form of relevant Acts and subordinate statutes;

C. In light of the following circumstances acknowledged by comprehensively taking into account the respective descriptions and arguments in subparagraphs 1 through 4 of the judgment, it is difficult to view that the Plaintiff has “a well-founded fear of persecution on the grounds of race, religion, nationality, membership of a specific social group, or political opinion,” even if all evidence and arguments submitted by the Plaintiff were considered, and there is no other evidence to acknowledge it.

① The threat of the Plaintiff’s assertion may not be deemed as persecutioning on the ground of “human race, religion, nationality, membership of a specific social group, or political opinion,” which is a ground for recognition of refugee status due to a dispute between families.

In addition, this is a problem that can be solved by requesting the protection of its government, and does not constitute a reason for recognition of refugee status.

(2)

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