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(영문) 서울행정법원 2016.08.18 2016구단6200
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 May 16, 2014, the Plaintiff entered the Republic of Korea as a foreigner of the nationality of the Republic of Netherlands (B-2) and applied for refugee status to the Defendant on December 11, 2014.

B. On August 13, 2015, the Defendant rendered a disposition that does not recognize the Plaintiff as a refugee on the ground that the Plaintiff’s assertion does not constitute “a sufficiently-founded fear of persecution” as stipulated in the Refugee Act and the Convention on the Status of Refugees (hereinafter the instant disposition was taken under the following).

C. On September 9, 2015, the Plaintiff dissatisfied with the instant disposition and filed an objection with the Minister of Justice on September 9, 2015, but a ruling dismissing the Plaintiff’s application was rendered on December 14, 2015.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1 and 2, the purport of the whole pleadings

2. Determination on the legitimacy of the disposition

A. The Plaintiff’s assertion is the fourth citizen of the Republic of Mongolia, but is a minority national of the minority ethnic group, and the other party continues to engage in activities for independence in the country of nationality, and the same ethnic group participates in an independent movement, and coercions the payment of donations.

The instant disposition taken on a different premise is unlawful underground organization that is also an illegal underground organization that is a member of a specific social group in the country of nationality, thereby threatening the Plaintiff to pay contributions, and the Plaintiff refused to do so. The instant disposition taken on a different premise is unlawful, even though the Plaintiff was under gambling in the country of nationality on the ground that he was a member of a specific social group.

(b) The definitions of terms used in this Act shall be as follows:

1."Refugees" shall be entitled to the protection of a State of nationality due to well-founded fears recognizing that he/she may be injured on the grounds of race, religion, nationality, status as a member of a particular social group or political opinion.

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