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(영문) 서울행정법원 2017.10.19 2017구단68823
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 March 11, 2017, the Plaintiff entered the Republic of Korea as an alien of the Republic of Korea’s nationality with tourism and Tong (B-2) sojourn status on March 11, 2017 and stayed, and applied for refugee status to the Defendant on April 3, 2017.

B. On April 21, 2017, the Defendant rendered a decision to recognize refugee status (hereinafter “instant disposition”) on the ground that the Plaintiff’s assertion does not constitute a case where there is a well-founded fear that the Plaintiff 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, and received a notice of decision to recognize refugee status on May 15, 2017.

(c) [Reasons for Recognition] Unsatisfy, Gap evidence 12, Eul evidence 1 and 2, the purport of the whole pleadings.

2. Whether the instant disposition is lawful

A. The plaintiff's assertion was threatened with terrorism and conflict between the armed organization, which is the force of Islamic extremeism, by taking into account the border situation with Syria, and part of the house was collapsed due to the breadth on the part of Syria.

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) 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, the term "persecution" to be received by the foreigner is an essential human dignity, including threats to life, body or freedom.

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