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(영문) 서울행정법원 2016.06.10 2016구단2284

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 October 27, 2014, the Plaintiff entered the Republic of Korea as a short-term visa (C-3) visa on October 27, 2014, and applied for refugee status to the Defendant on November 25, 2014.

B. On October 28, 2015, the Defendant issued a disposition of non-recognition of refugee status (hereinafter “instant disposition”) on the ground that the Plaintiff cannot be deemed as having “a well-founded fear that the Plaintiff would suffer from persecution” as stipulated in Article 1 of the Convention on the Status of Refugees (hereinafter “Refugee”) and Article 1 of the Protocol Relating to the Status of Refugees (hereinafter “Refugee Protocol”).

[Ground of recognition] Evidence Nos. 1 through 3, Evidence Nos. 1 and 2, and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The plaintiff, who is the plaintiff's assertion that the plaintiff's assertion that the plaintiff is a slick school, was frighted due to the reason that the plaintiff was not married from his husband who is a slicker in his home country. The disposition of this case which

B. (1) In full view of the provisions of Article 2 subparag. 1 and Article 18 of the Refugee Act, Article 1 of the Refugee Convention, Article 1 of the Refugee Protocol, and Article 1 of the Refugee Protocol, foreigners in the Republic of Korea who are unable to be protected or do not want to be protected in the country of nationality due to well-founded fear of persecution for reasons of race, religion, nationality, membership of a particular social group, or political opinion, should be recognized as refugee. “persecution” which is a requirement for recognition of refugee refers to “an act causing serious infringement or discrimination against essential human dignity, including threats to life, body or freedom,” and a foreigner applying for recognition of refugee should prove that there is “confist fear” subject to such persecution.

(2) The evidence submitted by the Plaintiff in light of the following circumstances, which are acknowledged by comprehensively taking account of the respective descriptions of evidence Nos. 1 through 5 and the purport of the entire pleadings.