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(영문) 서울행정법원 2016.07.22 2016구단8237
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 April 3, 2014, the Plaintiff, a national of the Republic of Chicago (hereinafter “C-3”), filed an application for refugee status with the Defendant on May 2, 2014, when entering the Republic of Korea for a short-term visit (C-3) and staying there, and on May 2, 2014, prior to the expiration of the period of stay ( May 3, 2014).

B. On October 26, 2015, the Defendant rendered a decision on the recognition of refugee status (hereinafter “instant disposition”) on the ground that the Plaintiff does not constitute a case where there is a well-founded fear that would be subject to persecution” as prescribed by 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 1, 2, Eul evidence 1 and 2, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s parent and the Plaintiff are the senior vice-principal.

On March 23, 2013, the plaintiff's large Astrus and sold the plaintiff, and the plaintiff joined the group that believed Lale, and made intimidation with children of big Abrus and big Abrus as well as children of big Abrus.

Therefore, the Plaintiff constitutes a refugee who is highly likely to be injured for religious reasons from a large infant in time of returning home.

Nevertheless, the instant disposition made by the Defendant on a different premise is unlawful.

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

1. The term "refugee" means a foreigner who is unable or does not want to be protected from the country of his/her nationality due to well-founded fear that he/she may be injured on the grounds of race, religion, nationality, status as a member of a specific social group, or political opinion, or a stateless foreigner who, owing to such fear, is unable or does not want to return to the country in which he/she resided before entering the Republic of Korea (hereinafter referred to as "state of his/her nationality");

(c) Nos. 3 and 10

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