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(영문) 서울행정법원 2016.11.30 2016구단14300

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 11, 201, the Plaintiff, a foreigner of Vietnam’s nationality, entered the Republic of Korea as a non-professional employment status (E-9) and stayed, and filed an application for refugee status with the Defendant on February 15, 2016, prior to the expiration date of the period of stay ( March 10, 2016).

B. On March 7, 2016, 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, 3, 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 that the plaintiff had known that he had been infinite with Vietnam, and that he had known that he had been infinites through a student's missionaryian, Korea, and that he had been infinites.

The Vietnamese Government has made political and religious gambling to some believerss, including the plaintiff who believed to be a traditional Buddhist state of Germany per day.

Under the Vietnamese government, it is necessary to give up children's education and to secure the concealment of children.

The plaintiff took up the fact that the Vietnamese government would make a threat to waive diversity when the plaintiff returned to Korea through internal investigation of the plaintiff's religious activities.

Therefore, the plaintiff is a refugee based on political opinion and religion.

Nevertheless, the instant disposition taken by the Defendant on a different premise is unlawful as it abused its discretion.

(b) The definitions of terms used in this Act shall be as follows:

1. “Refugee” is due to well-founded fears recognizing that a person is likely to be disadvantaged on the ground of race, religion, nationality, status as a member of a particular social group or political opinion.

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