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(영문) 서울행정법원 2017.05.25 2017구단53838
난민불인정결정취소
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Details of the disposition;

A. On October 15, 2015, Plaintiff A entered the Republic of Naria (hereinafter referred to as “Naria”) as a foreigner of nationality, and applied for recognition of refugee status on November 12, 2015.

On June 27, 2016, the Defendant rendered a disposition of non-recognition of refugee status (hereinafter referred to as “instant disposition”) against the Plaintiff on the ground that the Plaintiff’s assertion does not constitute “a sufficiently-founded fear that it would be prejudicial to persecution” as stipulated in Article 1 of the Convention on the Status of Refugees (hereinafter referred to as “Refugee”) and Article 1 of the Protocol Relating to the Status of Refugees (hereinafter referred to as “Refugee Protocol”).

B. The plaintiff B is a child born in the Republic of Korea by the plaintiff A (mother) who is the above eastia nationality.

Plaintiff

B On March 25, 2016, the Defendant filed an application for refugee status with the Defendant on June 27, 2016, and the Defendant rendered a disposition for refugee status acceptance (hereinafter referred to as “instant disposition”) on the ground that the Plaintiff’s assertion does not constitute “a well-founded fear that is likely to be persecution” as stipulated in Article 1 of the Convention on the Status of Refugees (hereinafter referred to as the “Refugee”) and Article 1 of the Protocol Relating to the Status of Refugees (hereinafter referred to as the “Refugee Protocol”).

C. The Plaintiffs, who are dissatisfied with the Plaintiffs, filed an objection with the Minister of Justice on July 14, 2016, but were dismissed on the same ground as of December 22, 2016.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 7, Eul evidence 1 to 2, each of the statements in subparagraphs 1 and 2, and the purport of the whole pleadings

2. Whether the disposition is lawful;

A. The summary of the plaintiffs' assertion (1) The plaintiff A forced her mother as a her mother, the Muslim as a Muslim, and assaulted the plaintiff.

In the event that the plaintiff returns to ASEAN, there is a threat of being killed by the Ministry of Science and Technology.

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