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(영문) 서울행정법원 2017.08.31 2017구단64487

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 September 6, 2016, the Plaintiff entered the Republic of Korea as a short-term visit (C-3) sojourn status on September 6, 2016 and stayed, and applied for refugee status to the Defendant on September 19, 2016.

B. On October 7, 2016, the Defendant rendered a decision on the recognition of refugee status (hereinafter “instant disposition”) to the Plaintiff 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 on the Status of Refugees.

C. The Plaintiff dissatisfied with the instant disposition and filed an objection with the Minister of Justice on January 2, 2017, but was dismissed on April 21, 2017, and the Plaintiff received a notice of dismissal decision on June 28, 2017.

[Reasons for Recognition] Unsatisfy, Gap evidence 1, 2, Eul evidence 1 and 2, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff asserted that the Plaintiff was a senior to the Mesia who was the president in Russia, was killed in Russia, refused to succeed to the status of the head of the Plaintiff, who was the senior to the Mesia, who was the senior to the Mesia, and was killed for the village, and refused to accept the request from them to succeed to the status of the president.

Therefore, the defendant's disposition of this case made on a different premise is unlawful even though the plaintiff is a refugee suffering from persecution on the ground of religion.

(b)(1) Determinations: Article 2 subparag. 1 of the Refugee Act; Article 2 of the Refugee Act; Article 2 of the Refugee Act; Article 2 of the same Act provides that a well-founded fear to recognize that a person is likely to be injured on the ground of race, religion, nationality, membership of a particular social group; or a foreigner who is unable or does not want to be protected from the country of nationality; or a country in which he/she resided before entering Korea