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(영문) 서울행정법원 2016.11.30 2016구단62439

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 May 21, 2015, the Plaintiff entered the Republic of Korea as a short-term visit (C-3) sojourn status on May 21, 2015 and stayed, and filed an application for refugee status with the Defendant on May 27, 2015, prior to the expiration of the period of sojourn ( May 28, 2015).

B. On December 9, 2015, the Defendant rendered a decision to deny refugee status (hereinafter “instant disposition”) on the ground that the Plaintiff does not constitute a case where there is a well-founded fear that the Plaintiff would be subject to persecution” as prescribed by 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] Unsatisfy, Gap evidence Nos. 1 through 4, Eul evidence Nos. 1, 2 and 3, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion that the Plaintiff is a mother-gymist to a new post.

On April 2005, the Plaintiff began to teach with slick women born at Muslim family members, and around December 2014, the Plaintiff became aware of pregnancy.

When the mother became aware of pregnancy, the Plaintiff’s female-friendly her mother escaped from the home, and his family members escaped from January 4, 2015 to February 2015, and threatened the Plaintiff with murdering five times in total, and assaulted the Plaintiff on February 20, 2015.

Therefore, the plaintiff constitutes a refugee on the ground of his/her status as a member of a religious or a specific social group.

Nevertheless, the instant disposition made by the Defendant on a different premise is unlawful.

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

1. “Refugee” means a foreigner who is unable or does not wish to be protected by a State of his/her 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 particular social group or political opinion, or a country in which such fear has resided before entering the Republic of Korea;

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