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(영문) 서울행정법원 2017.06.29 2017구단57496
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 10, 2015, the Plaintiff entered the Republic of Korea as a short-term visit (C-3) sojourn status on August 10, 2015 and stayed, and applied for refugee recognition to the Defendant on October 23, 2015.

B. On November 30, 2015, 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 refugee requirement under Article 1 of the Convention on the Status of Refugees and Article 1 of the Protocol on the Status of Refugees. On December 30, 2015, the Plaintiff received a notice of decision to recognize refugee status on December 30, 2015.

C. The Plaintiff dissatisfied with the instant disposition and filed an objection with the Minister of Justice on January 25, 2016, but was dismissed on December 22, 2016, and the Plaintiff received a notice of dismissal decision on March 23, 2017.

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

2. Whether the instant disposition is lawful

A. The plaintiff's assertion was made by intimidation and assaulting that the plaintiff left the village several times from the water slurf, which accounts for a majority of the villages.

Therefore, the defendant's disposition of this case made on a different premise is unlawful even though the plaintiff was 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.

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