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(영문) 서울행정법원 2017.04.27 2016구단66066
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 October 10, 2015, the Plaintiff entered the Republic of Korea as a short-term visit (C-3) sojourn status on October 10, 2015 and stayed, and filed an application for refugee status with the Defendant on October 20, 2015.

B. On February 16, 2016, 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 March 16, 2016, but was dismissed on October 27, 2016, and the Plaintiff received a notice of dismissal decision on November 10, 2016.

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

2. Whether the instant disposition is lawful

A. The Plaintiff asserted that the Plaintiff was a senior to the Maternian believers, and the Plaintiff was fluor of Maternia, and was fluor of her mother, and was fluor of food that the mother was fluor, and was fluor of food that the mother was fluor, and was at the risk of being killed from the cancer who was sent by the guidance, and the Plaintiff’s workplace was a non-discriminatory attack against Bobru, an armed organization of Maternlim.

Therefore, the defendant's disposition of this case made on a different premise is unlawful even though the plaintiff's status as a member of a religion or a specific social group constitutes a refugee suffering from persecution.

(b)(1) Determinations: Article 2 subparag. 1 of the Refugee Act; Article 2 of the Refugee Act; Article 2 of the Refugee Act provides that foreigners who are unable or do not want to be protected from the country of nationality due to well-founded fear to recognize that they may be persecution on the grounds of race, religion, nationality, membership of a particular social group, or political opinion, or who, due to such fear, have resided before entering Korea.

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