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(영문) 서울행정법원 2017.08.24 2017구단19685
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 13, 2013, the Plaintiff filed an application for refugee status with the Defendant on April 14, 2016 while entering the Republic of Korea as a non-professional employment visa (E-9) and staying there.

B. On July 11, 2016, the Defendant rendered a disposition not recognizing the Plaintiff as a refugee (hereinafter “instant disposition”) on the ground that the Plaintiff’s assertion does not constitute “a sufficiently-founded fear that would be subject to persecution” as stipulated in the Refugee Act and the Convention on the Status of Refugees.

C. On July 15, 2016, the Plaintiff appealed and rendered a final decision to dismiss the Plaintiff’s application on April 21, 2017.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 4, Eul evidence 1 to 3, the purport of the whole pleadings

2. Determination on the legitimacy of the disposition

A. The gist of the Plaintiff’s assertion was to join the TRIVENI YOUH CLUB to establish a hydroelectric power plant. However, the Plaintiff took part in assault and intimidation by forcing the Plaintiff to enter into a YCL organization and make payments of donations, taking the end into account that the YCL (YCL) organization would not act against the Plaintiff.

Therefore, the Defendant’s disposition that did not recognize the Plaintiff as a refugee is unlawful even if the Plaintiff’s return to the Republic of Korea was highly likely to be harmful due to the above circumstances.

B. In full view of the following circumstances revealed by adding up the above facts of recognition and the purport of the evidence Nos. 2 and 3 as well as the entire arguments, it is insufficient to deem the Plaintiff as having a well-founded fear of persecution, and there is no other evidence to prove otherwise.

The defendant's disposition of this case is legitimate.

1. The intimidation of the YCL organization asserted by the Plaintiff was made around 201, and the Plaintiff did not visit the four arms until now after entering the Republic of Korea on May 13, 2013. The YCL organization still has a threat with the attention of the Plaintiff.

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