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(영문) 서울행정법원 2017.10.30 2017구단70048

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. The plaintiff is well-known.

Nationality foreigners entered and staying in the Republic of Korea on a short-term visit (C-3) on December 14, 2015, and applied for refugee status to the defendant on January 6, 2016.

B. On March 25, 2016, the Defendant rendered a decision on the recognition of refugee status (hereinafter “instant disposition”) to the Plaintiff on the ground that the Plaintiff’s assertion does not constitute a case of “a well-founded fear that would be subject to persecution” as a requirement of refugee under Article 1 of the Convention on the Status of Refugees and Article 1 of the Protocol on the Status of Refugees.

C. The Plaintiff dissatisfied with the instant disposition and filed an objection with the Minister of Justice on April 18, 2016, but the objection was dismissed on April 21, 2017, and the Plaintiff received a notice of dismissal decision on May 29, 2017.

[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. The plaintiff's assertion is well-known.

From this point of view, the parents were brought up to the mother on the wind, and through this mother, they provided economic support to the plaintiff, and later they had been threatened to the relatives and slick men, including the mother, after marriage with other men who are not slick men who want to marry with the plaintiff.

Therefore, the defendant's disposition of this case made on a different premise is unlawful even though the plaintiff's status as a member of a specific social group constitutes a refugee suffering from persecution.

(b)(1) Determinations: Article 2 subparag. 1 of the Refugee Act; Article 2 of the Refugee Act; Article 2 of the Refugee Act; Article 2 of the same Act provides that a well-founded fear to recognize that a person is likely to be injured on the ground of race, religion, nationality, membership of a particular social group; or a foreigner who is unable or does not want to be protected from the country of nationality; or a country in which he/she had resided before entering Korea