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(영문) 서울행정법원 2017.03.23 2017구단575
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 January 18, 2015, the Plaintiff, a foreigner of the nationality of the Republic of Naria (hereinafter “Naria”), entered the Republic of Korea as a short-term visit (C-3) sojourn status on a short-term basis, and filed an application for refugee status with the Defendant on February 7, 2015.

B. On January 13, 2016, the Defendant rendered a decision to recognize 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 Relating to the Status of Refugees.

C. The Plaintiff dissatisfied with the instant disposition and filed an objection with the Minister of Justice on February 11, 2016, but the objection was dismissed on October 27, 2016, and the Plaintiff received a notice of dismissal decision on October 31, 2016.

[Reasons for Recognition] Unsatisfy, Gap evidence 1 to 3, Eul evidence 1 and 2, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff asserted that the Plaintiff was a person who was a senior to the lag, and his father, who was the cause of the local organization, rejected the demand of the above assistant staff to succeed to the status, thereby being threatened with murder. In fact, his female, who was refused to receive the said demand, died in line with the shoot guns.

Therefore, the defendant's disposition of this case made on a different premise is unlawful even though the plaintiff is a refugee suffering from persecution on the ground of religion.

B. (1) In full view of the provisions of Article 2 subparag. 2-2 and Article 76-2(1) of the Immigration Control Act, Article 1 of the Convention Relating to the Status of Refugees (hereinafter “Refugee Convention”), and Article 1 of the Protocol Relating to the Status of Refugees, the Minister of Justice is unable to obtain protection of the country of nationality due to a well-founded fear of persecution for reasons of race, religion, nationality, membership of a specific social group, or political opinion, or a member of the country of nationality.

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