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(영문) 서울행정법원 2018.08.23 2018구단13929
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 6, 2014, the Plaintiff entered the Republic of Korea as a short-term visit (C-3) sojourn status on a short-term visit (C-3) and stayed, and applied for refugee status to the Defendant on January 23, 2017.

B. On May 11, 2017, the Defendant rendered a decision on the recognition of refugee status (hereinafter “instant disposition”) 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 July 18, 2017, but was dismissed on March 21, 2018, and the Plaintiff received a notice of dismissal decision on April 24, 2018.

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

2. Whether the instant disposition is lawful

A. The Plaintiff, the Plaintiff’s assertion of the Plaintiff, was threatened with each of the members of Bolars, respectively, on the grounds of the following: (a) public criticism of Bolars, an armed organization in Islamic countries, which caused the Plaintiff’s wife and the death of several hundreds of people from Maria to Maternal terrorism; and (b) Bolars, as a matter of debt obligations with Bolimossa and Muslim.

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; Article 2 of the Refugee Act; 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, membership 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

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