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(영문) 서울행정법원 2016.09.08 2016구단10964
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 April 26, 2014, the Plaintiff entered the Republic of Korea as a foreigner of the nationality of the Republic of Austria, as a short-term visit (C-3). On May 12, 2014, the Plaintiff applied for refugee status to the Defendant.

B. On October 13, 2015, the Defendant rendered a disposition that does not recognize the Plaintiff as a refugee on the ground that the Plaintiff’s assertion does not constitute “a sufficiently-founded fear that would be subject to persecution” as stipulated in the Refugee Act and the Convention on the Status of Refugees (hereinafter referred to as the instant disposition).

C. The Plaintiff dissatisfied with the instant disposition and filed an objection with the Minister of Justice on October 28, 2015, but was rendered a judgment dismissing the Plaintiff’s application on March 23, 2016.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1 and 2, the purport of the whole pleadings

2. Determination on the legitimacy of the disposition

A. The Plaintiff’s assertion, as a parasianian, resided in B region located in the Northern BONO of the Northern Northern Ocean, and was active as a parasian group. On July 2013, 2013, the Plaintiff urged the Plaintiff, who was an organization of Islamic armed forces, to stop a group of parasians. On March 14, 2014, the Plaintiff did not respond to the Plaintiff’s house, and led the Plaintiff to die.

The disposition of this case, which was taken on a different premise, is unlawful, even though the Plaintiff was under an persecution in a state of nationality for religious reasons.

(b) The definitions of terms used in this Act shall be as follows:

1. “Refugee” means a foreigner who is unable or does not wish to be protected by a State of nationality due to well-founded fear that he/she may be disadvantaged on the ground of race, religion, nationality, status as a member of a particular social group, or political opinion, or by such fear.

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