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(영문) 서울행정법원 2017.03.09 2016구단33684
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 August 24, 2015, the Plaintiff, a foreigner of the nationality of the Republic of Austria (hereinafter referred to as “Naria”), entered and stayed in the Republic of Korea as a short-term visit (C-3) sojourn status on August 24, 2015, and applied for refugee status to the Defendant on September 16, 2015.

B. On January 13, 2016, the Defendant rendered a decision to recognize 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 Relating to the Status of Refugees.

C. The Plaintiff dissatisfied with the instant disposition and filed an objection with the Minister of Justice on February 18, 2016, but the objection was dismissed on October 27, 2016, and the Plaintiff received a notice of dismissal decision on November 3, 2016.

[Reasons for Recognition] Unsatisfy, Gap evidence 1, 2, Eul evidence 2, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff asserted that the Plaintiff was a senior to a senior to a senior to a senior to a senior to a village, and that the Plaintiff refused the demand to succeed to the status of the president of a village.

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

B. (1) In full view of the provisions of Article 2 subparag. 2-2 and Article 76-2(1) of the Immigration Control Act, Article 1 of the Convention Relating to the Status of Refugees (hereinafter “Refugee Convention”), and Article 1 of the Protocol Relating to the Status of Refugees, the Minister of Justice shall recognize, upon application, any foreigner within the Republic of Korea who is unable to be protected by the country of his/her nationality due to a well-founded fear of persecution for reasons of race, religion, nationality, membership of a specific social group, or political opinion, or who does not want the protection of the country of his/her nationality.

At this time, .

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