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(영문) 서울행정법원 2016.09.23 2016구단15228
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) Plaintiff’s entry into the Republic of Korea and refugee application - Plaintiff’s nationality: AB - Entry and refugee application: July 4, 2012 (Status of Sojourn: E-7) / Application for refugee status on September 26, 2014

B. The Defendant’s decision not to recognize refugee status (hereinafter “instant disposition”) - Grounds for not recognition of refugee status (hereinafter “instant disposition”): No sufficiently-founded fear of fear that is likely to be harmful to gambling may be recognized.

(c) Plaintiff’s filing of an objection and decision of dismissal - Decision of dismissal: Facts that there is no dispute on March 23, 2016 [based on recognition], evidence Nos. 1, 2, and Nos. 1, 2, 3 and 4, and the purport of the whole pleadings.

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion was made by the Plaintiff, around October 201, after his father, who was a head of a family or of a shortage, died, and refused to succeed to the head of a family or of a family and was threatened by a third village, etc., so there exists a well-founded fear that he may be harming the Plaintiff’s return to the Republic of Korea.

B. Determination 1) Article 2 subparag. 1 of the Refugee Act provides that “Refugee” refers to a foreigner who is unable to receive or does not want to receive the protection of the country of nationality due to well-founded fear to recognize that he/she may be injured on the grounds of race, religion, nationality, status as a member of a specific social group, or political opinion, or a stateless foreigner who is unable to return to or does not want to return to the country in which he/she had resided before entering the Republic of Korea due to such fear.” In full view of the following circumstances, when comprehensively considering the overall purport of the arguments as seen earlier, 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,” and there is no other evidence to acknowledge this otherwise, the disposition of this case, which rejected the Plaintiff’s application for recognition of refugee status, is legitimate.

① The Plaintiff’s specific activities (E-7) on July 4, 2012.

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