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(영문) 서울행정법원 2016.09.09 2016구단7647

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 July 19, 2010, the Plaintiff entered the Republic of Korea as a foreigner with the nationality of the Republic of Korea (hereinafter “NE”) and stayed with the permission for extension of the period of sojourn after having entered the Republic of Korea as a non-professional employment (E-9) sojourn status, and filed an application for refugee status with the Defendant on April 17, 2015, prior to the expiration of the period of sojourn (e.g., May 19, 2015).

B. On July 6, 2015, the Defendant rendered a decision not to recognize 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 a refugee under 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, 2, Eul evidence Nos. 1, 2 and 4, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The plaintiff's assertion made a large number of political and social activities as a member of the MJAF from four arms since 2004, and the TLF, an illegal organization engaged in violent activities, such as kidnapping people and demanding the payment of donations, has threatened the plaintiff on this ground.

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. The term "refugee" means a foreigner who is unable or does not want to be protected from the country of his/her nationality due to well-founded fear that he/she may be injured on the grounds of race, religion, nationality, status as a member of a specific social group, or political opinion, or a stateless foreigner who, owing to such fear, is unable or does not want to return to the country in which he/she resided before entering the Republic of Korea (hereinafter referred to as "state of his/her nationality");

(c)each entry and pleading of the evidence Nos. 2, 3, and 4 in the judgment 1;

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