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(영문) 서울행정법원 2017.12.15 2017구단32817
난민불인정결정취소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. In the course of the disposition, the following facts: (a) on April 26, 2016, the short-term sojourn status visit (C-3) of the Republic of Korea on April 26, 2016, the date of applying for refugee status recognition (hereinafter “instant disposition”); (b) on November 21, 2016, the date of applying for refugee status recognition (hereinafter “instant disposition”); (c) there is no dispute over the rejection of the decision of the Minister of Justice on November 24, 2016; (c) there is no ground for recognizing the refusal of refugee status: (d) the facts that there is no ground for recognizing the rejection of the decision of the Minister of Justice on July 18, 2017, the date of applying for objection; and (e) the descriptions in subparagraphs 1, 2, and 1, 2, and

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion is a national of the Republic of Senegal (hereinafter “Senegal”).

At the time of the plaintiff's growth, the plaintiff sent it to the house B, a member of the National Assembly of the Senegal.

However, it was revealed that B insultd C of Islamic Ra, and the above Madrid was fluorized on June 20, 2014. At the time, the Plaintiff was misunderstanding the Plaintiff as the family member of B, thereby threatening the Plaintiff.

Accordingly, the plaintiff has been in the Republic of Korea since he did not leave the Republic of Korea.

As such, the Plaintiff’s return to the Republic of Korea is likely to cause another threat by the side of the unreasonable wave, and thus, the Plaintiff should be recognized as a refugee.

B. Determination 1) Article 2 Subparag. 1 of the Refugee Act defines refugee status as “any foreigner who is unable or does not want to be protected by the country of nationality due to well-founded fear to recognize that he/she may be injured on the grounds of race, religion, nationality, membership of a particular social group, or political opinion, or who is a stateless foreigner who is unable or does not want to return to the country in which he/she had resided before entering the Republic of Korea due to such fear.” 2) When comprehensively considering the evidence and evidence set forth in subparagraph 3 as well as the following circumstances that can be known in addition to the purport of the entire pleadings, the Plaintiff’s membership of race, religion, nationality, and specific social group.

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