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(영문) 서울행정법원 2016.06.17 2016구단7227
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 February 26, 2014, the Plaintiff entered the Republic of Korea on a short-term visit (C-3) visa and stayed in Korea, and applied for refugee status to the Defendant on March 21, 2014.

B. On May 19, 2015, the Defendant rendered a decision to recognize refugee status (hereinafter the instant disposition) 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.

[Reasons for Recognition] Facts without dispute, Gap 1, 2, Eul 1, 2, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion presented by the Plaintiff was killed while playing a role to assist the Plaintiff in Ogboni Cult.

The above sentence has a tradition leading to his position upon the death of the member, and the plaintiff's punishment was refused upon the recommendation for joining the local string, and the above local string member, after the death of the string member, solicits the plaintiff to join the local string, and the plaintiff refused the string religion, and the head was sought from the member of the local string on January 2014.

Therefore, the defendant's disposition of this case, which did not recognize the plaintiff as a refugee, is unlawful even though the possibility that the plaintiff would suffer from gambling when he return to ASEAN is high.

(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 a 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 particular social group, or political opinion, or a country in which such fear has resided before entering the Republic of Korea (hereinafter referred to as "beneficial country");

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