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(영문) 서울행정법원 2016.09.30 2016구단20275
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 April 23, 2008, the Plaintiff entered the Republic of Korea as a short-term visit (C-3) sojourn status on a short-term visit (C-3) on and after the expiration of the period of stay (30 days), and applied for refugee status to the Defendant on June 12, 2015.

B. On July 14, 2015, the Defendant rendered a decision to recognize refugee status (hereinafter the instant disposition) on the ground that the Plaintiff’s assertion does not constitute a case of “a well-founded fear that would be subject to persecution” as a requirement of refugee under Article 1 of the Convention on the Status of Refugees and Article 1 of the Protocol Relating to the Status of Refugees.

[Reasons for Recognition] Facts without dispute, Gap 1 to 3, Eul 1, 2, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff asserted that, around 2011, he was threatened by the Plaintiff from the person who was residing in the Republic of Korea and was in Uzbekistan, that the Plaintiff would die when he returned to the high village.

Therefore, the defendant's disposition of this case which did not recognize the plaintiff as a refugee despite high possibility that the plaintiff would be subject to gambling when the plaintiff returned to Uzbekistan is illegal.

(b) The definitions of terms used in this Act shall be as follows:

1. The term "refugee" means a foreigner who is unable or does not want to be protected from the country of his/her nationality due to well-founded fear 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, owing to such fear, is unable or does not want to return to the country in which he/she resided before entering the Republic of Korea (hereinafter referred to as "state of his/her nationality");

C. “Lambling”, which is a requirement for recognition of refugee status 1, causes serious infringement of or discrimination against essential human dignity, including threats to life, body or freedom.

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