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(영문) 서울행정법원 2016.05.27 2016구단1076
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: Maria - Entry and refugee application: May 31, 2013 (Status of Sojourn: D-4)

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 objection and decision of dismissal - Decision of dismissal: The fact that no dispute exists on September 24, 2015 (based on recognition), Gap’s evidence Nos. 1, 2, Eul’s statement of evidence Nos. 1, 2 and 3, and the purport of the whole pleadings.

2. Whether the instant disposition is lawful

A. In light of the Plaintiff’s father’s assertion: (a) during 2012, the Plaintiff’s father was kidnapped, died, and the Plaintiff also fleded to Bochina for two months; and (b) there was a well-founded fear to recognize that the Plaintiff’s father might be imprisoned on the ground of a member of a specific social group’s status or political opinion.

B. Determination 1) Article 2 Subparag. 1 of the Refugee Act provides that “Refugee” means a foreigner who is unable or does not want to be protected by 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 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 revealed by adding the whole purport of the pleadings to the evidence as stated in subparagraph 2) and the evidence stated in subparagraph 4, as well as the evidence stated in subparagraph 4, it is difficult to view that the Plaintiff has “a well-founded fear 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.

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