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(영문) 서울행정법원 2016.11.25 2016구단23663
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 February 21, 2015, the Plaintiff entered the Republic of Korea with the Tourism Department (B-2) visa on February 21, 2015, and applied for refugee recognition to the Defendant on March 16, 2015.

B. On March 24, 2015, the Defendant rendered a disposition of non-recognition of refugee status (hereinafter “instant disposition”) to 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 April 20, 2015, 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 4, Evidence Nos. 1 and 2, and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff asserted that the Plaintiff purchased a house from the person B around March 2012 in its home country from the person B, but did not receive relevant documents. Rather, during the process of demanding a document, the Plaintiff was abused from B and went out of Korea. The instant disposition that did not recognize the Plaintiff as a refugee is unlawful.

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

The Plaintiff applied for refugee status on the ground that “the Plaintiff was threatened by a seller due to a dispute related to purchased real estate.” However, even if all of the Plaintiff’s allegations were recognized, this is merely a private dispute arising from an economic reason, and it appears to be a matter to be resolved through its judicial system. Such a threat is the Plaintiff’s “a member of a race, religion, nationality, or specific social group” or a political opinion.

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