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(영문) 서울행정법원 2018.03.08 2017구단77803
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 September 3, 2016, the Plaintiff entered the Republic of Korea as a short-term visit (C-3) sojourn status on September 3, 2016 and stayed, and applied for refugee status to the Defendant on September 26, 2016.

B. On October 13, 2016, the Defendant rendered a decision on the recognition of refugee status (hereinafter “instant disposition”) to the Plaintiff 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 on the Status of Refugees.

C. The Plaintiff dissatisfied with the instant disposition and filed an objection with the Minister of Justice on November 21, 2016, but was dismissed on April 21, 2017, and the Plaintiff received a notice of dismissal decision on June 27, 2017.

[Reasons for Recognition] Unsatisfy, entry of Eul Nos. 1, 2, and 6 (including virtual numbers), the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion was a parassinist in Austria, and the Plaintiff’s family members, who were the same parasinist, died in the total attack of Islamic armed forces that attack the parasin, and the Plaintiff is also likely to be killed in Bosin if they return to her country.

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) Determination 1: Article 2 Subparag. 1 of the Refugee Act; and Article 2 of the Refugee Act means a foreigner who, owing to well-founded fears recognizing 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, is unable or does not want to be protected from the country of nationality; or a nationalless foreigner who, due to such fear, is unable or does not want to return to the country in which he/she had resided before entering the Republic of Korea.

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