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(영문) 서울행정법원 2016.09.09 2016구단15778

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 8, 2014, the Plaintiff filed an application for refugee status with the Defendant on September 16, 2014, when having entered and staying in the Republic of Korea on a short-term visit (C-3) sojourn status on September 8, 2014, which was prior to the expiration date ( October 8, 2014).

B. On November 13, 2015, the Defendant rendered a decision on the recognition of 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 1, 2, Eul evidence 1 and 2, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. In the Plaintiff’s assertion, Muslim terrorists were threatened to the Plaintiff, who is a slovasist, by threatening the Plaintiff, who is a slovasist, to open the slovas to the slovasist, and was threatened by refusing to force the opening of the local group at a new place.

In addition, the plaintiff was engaged in money exchange-related business, and the friendly Gu was sentenced to 30,00 won from the plaintiff, but was sentenced to 6 years of imprisonment, which led to the above friendly organization's punishment and the friendly relationship were threatened with the plaintiff.

Therefore, the Plaintiff constitutes a refugee.

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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