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(영문) 서울행정법원 2017.08.11 2017구단60447

난민불인정결정취소

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1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. During the disposition, the following facts are: short-term sojourn status (C-3) on February 7, 2016 of the date of entry into the Republic of Korea of the Republic of Korea of the date of the application for refugee status recognition (hereinafter “instant disposition”) on February 18, 2016: (a) there is no dispute over the grounds for recognition of the contents of the application for objection that there is no sufficient ground for recognition of refugee status status status refusal: (b) on October 10, 2016 of the date of the application for objection; (c) on October 26, 2016 of the date of the application for objection, there is no ground for recognition of the contents of the decision to dismiss; (d) evidence Nos. 1 through 4; (e) evidence Nos. 1 and 2; and (e) the purport of the entire pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion is a national of the Republic of Senegal (hereinafter “Senegal”).

On July 2015, the Plaintiff was aware of same-sex and threatened by being threatened with the village people.

On the other hand, the Plaintiff entered the Republic of Korea regardless of the three-dimensional conflict by threatening to be threatened with the above threats.

As such, since the Plaintiff’s return to the Republic of Korea is likely to be detrimental to gambling, the Plaintiff ought to be recognized as a refugee.

B. Determination 1) Article 2 Subparag. 1 of the Refugee Act defines a refugee as “a foreigner who is unable to be protected or does not want to be protected by the country of nationality due to a well-founded fear to recognize that he/she may be injured on the grounds of race, religion, nationality, membership of a specific social group, or political opinion, or a foreigner who does not want to be protected, or who does not have to return to the country in which he/she had resided before entering the Republic of Korea due to such fear.” 2) In full view of the aforementioned evidence and evidence in subparagraph 3 and the following circumstances that can be known in addition to the purport of the pleading in the statement in subparagraph 3, it is difficult to view that the Plaintiff “a well-founded fear of being injured 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 Plaintiff’s application for refugee recognition.