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(영문) 서울행정법원 2017.08.17 2017구단17092

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 May 7, 2015, the Plaintiff filed an application for refugee status with the Defendant on June 3, 2015, while entering the Republic of Korea as a short-term visit (C-3) sojourn status on May 7, 2015 and staying there.

B. On November 11, 2015, the Defendant rendered a disposition that does not recognize the Plaintiff as a refugee on the ground that the Plaintiff’s assertion to the Plaintiff does not constitute “a sufficiently-founded fear that would be subject to persecution” as stipulated in the Refugee Act and the Convention on the Status of Refugees (hereinafter “instant disposition”).

C. On November 18, 2015, the Plaintiff filed an objection with the Minister of Justice on November 18, 2015, but the decision dismissing the Plaintiff’s application was rendered on April 21, 2017.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence Nos. 1, 2 and 3, the purport of the whole pleadings

2. Determination on the legitimacy of the disposition

A. The summary of the Plaintiff’s assertion is that the Defendant’s disposition of this case, which did not recognize the Plaintiff as a refugee, is unlawful, even if it is highly likely that the Plaintiff would be stuffed due to the above circumstances in the event it returned to Saudi Arabia or mentor, and the Plaintiff’s return to his family is likely to be imprisoned.

B. In order to be recognized as a refugee, in addition to the requirement that the applicant for refugee status has a well-founded fear of persecution in his or her country, the applicant has been made on the ground of “a person’s race, religion, nationality, status as a member of a particular social group or political opinion”.

The plaintiff's reason for the persecution is that "the plaintiff has a risk of being abused by his father, and there is a risk of threatening from the family members of the victim who kills the plaintiff's added."

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