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(영문) 서울행정법원 2017.05.18 2016구단32537

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 January 28, 2016, the Plaintiff filed an application for refugee status with the Defendant on January 28, 2016 while entering and staying in the Republic of Chicago (C-3) for a short-term visit (C-3) sojourn status on January 19, 2016.

B. On February 15, 2016, the Defendant rendered a disposition not recognizing the Plaintiff as a refugee (hereinafter “instant disposition”) on the ground that the Plaintiff’s assertion does not constitute “a sufficiently-founded fear of persecution” as stipulated in the Refugee Act and the Convention on the Status of Refugees.

C. On March 7, 2016, the Plaintiff filed an objection with the Minister of Justice on March 7, 2016, but rendered a decision dismissing the Plaintiff’s application on October 27, 2016.

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

2. Determination on the legitimacy of the disposition

A. The gist of the Plaintiff’s assertion was that the father of the Plaintiff was killed from the person presumed to have been killed, and that the father was in danger of being killed from the above person when he returned to the Republic of Korea, and that there was a risk of being killed from the above person, and that, after the escape of the shot, the shot may die only with the Plaintiff who believed that the shot of the shot of the shot of the shot of the Plaintiff, but the shot of the shot of the shot of the Plaintiff.

Therefore, the defendant's disposition of this case that did not recognize the plaintiff as a refugee is unlawful even though the possibility that the plaintiff might be stuffed due to the above circumstances is high in case the plaintiff returned to Kamera.

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 reason why the plaintiff asserts is to kill the plaintiff's father.

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