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(영문) 서울행정법원 2017.06.29 2017구단11711
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 June 18, 2016, the Plaintiff entered the Republic of Korea as a short-term visit (C-3) sojourn status on June 18, 2016 and stayed, and applied for refugee recognition to the Defendant on July 11, 2016.

B. On August 19, 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 September 20, 2016, but was dismissed on February 24, 2017, and the Plaintiff received a notice of dismissal decision on March 22, 2017.

[Reasons for Recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion brought about a problem related to inheritance to a person who has taken the place of inherited property after his father’s death, but it became difficult for the Plaintiff to bring about a situation that makes it difficult for him to bring about a strict question to the village of the same-sex society.

Therefore, the defendant's disposition of this case made on a different premise is unlawful even though the plaintiff was a refugee suffering from persecution.

B. (1) Determination (1) Article 2 Subparag. 1 of the Refugee Act provides that a refugee refers to a foreigner who is unable or does not want to be protected by a country of nationality due to a well-founded fear of being recognized that he/she may be imprisoned on the grounds of race, religion, nationality, membership of a particular social group, or political opinion, or a stateless foreigner who, due to such fear, cannot return to or does not want to return to a country in which he/she had resided before entering the Republic of Korea.

At this time, .

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