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(영문) 서울행정법원 2017.04.13 2017구단5662
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 November 30, 2014, the Plaintiff entered the Republic of Korea as a short-term visit (C-3) sojourn status on November 30, 2014 and stayed, and filed an application for refugee status with the Defendant on December 24, 2014.

B. On June 30, 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 August 3, 2016, but the objection was dismissed on December 22, 2016, and the Plaintiff received a notice of dismissal decision on February 13, 2017.

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

2. Whether the instant disposition is lawful

A. The plaintiff asserted that he participated in the demonstration as a member B in Kamera, etc., and was arrested and detained by the government in Kamera, and his father who was a member B was threatened by the government, such as death by the government.

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

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 foreigner is entitled to receive.

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