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(영문) 광주지방법원 2016.06.30 2016구단10964
난민불인정결정취소
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. Around 2007, the Plaintiff, a foreigner of Vietnam, entered the Republic of Korea as a visa for non-professional employment (E-9) and stayed beyond the expiry date of his/her stay on April 11, 2012, and applied for refugee status to the Defendant on September 3, 2015.

B. On December 8, 2015, the Defendant issued a notification of refugee non-recognition (hereinafter “instant disposition”) to the Plaintiff on the ground that there is no “a well-founded fear that he would be injured,” 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,” which is a requirement of refugee status.

【Ground of recognition】 The fact that there has been no dispute, Gap Nos. 1, 2, Eul Nos. 1 and 2, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. If the Plaintiff did not remit money to his family members due to the business failure of the Plaintiff’s alleged punishment in Vietnam, and most of the Plaintiff’s income was remitted in Korea to the non-living families, the family’s livelihood cannot be maintained.

Therefore, if we do not work in Korea, serious infringement upon essential dignity of both the plaintiff and his family members is caused, and the disposition of this case which recognized refugee status without considering these circumstances is unlawful.

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

C. The Plaintiff’s assertion that a transfer should be made for the livelihood of his family members in Vietnam by working in the Republic of Korea does not in itself constitute “sufficient fear of persecution for reasons of race, religion, nationality, membership of a specific social group, or political opinion,” and there is no other evidence to acknowledge it otherwise.

Meanwhile, in the interview investigation, the Plaintiff asserted that he cannot return to the Republic of Vietnam by being threatened by the threat from the believerss of Vietnam, not only is it difficult to believe that the content thereof is not specific but also it.

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