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(영문) 서울행정법원 2016.11.29 2016구단62255

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. The Plaintiff entered the Republic of Korea as a short-term visit (C-3) on August 2, 2015, and applied for refugee status to the Defendant on August 3, 2015.

B. On January 13, 2016, the Defendant rendered a disposition that does not recognize the Plaintiff as a refugee on the ground that the Plaintiff’s assertion does not constitute “a sufficiently-founded fear of persecution” as stipulated in the Refugee Act and the Convention on the Status of Refugees (hereinafter the instant disposition was taken under the following).

C. On February 17, 2016, the Plaintiff filed an objection with the Minister of Justice on February 17, 2016, but the decision was rendered to dismiss the Plaintiff’s application on September 9, 2016.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 3, Eul evidence 1 and 2, the purport of the whole pleadings

2. Determination on the legitimacy of the disposition

A. The Plaintiff’s assertion was educated at the home of Muslim in the original suslim and suslim, but was suslimed as a suslim around April 2010.

After the opening of the Plaintiff, the Plaintiff’s family members knew of the opening of the opening of the opening of the opening, and the Plaintiff’s family members were sleeped by either sleeping the Plaintiff or eating the Plaintiff.

As such, the instant disposition taken on a different premise is unlawful, even though the Plaintiff was under an persecution for religious reasons in the nationality state.

(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 wish to be protected from the country of nationality due to well-founded fear that he/she may be harmed by race, religion, nationality, status as a member of a particular social group, or political opinion, or who is not entitled or does not want to return to the country in which he/she resided before entering the Republic of Korea (hereinafter referred to as “orthing country”) due to such fear;