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(영문) 서울행정법원 2018.05.17 2018구단57332
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 August 27, 2016, the Plaintiff entered the Republic of Korea as a short-term visit (C-3) sojourn status on August 27, 2016 and stayed, and applied for refugee status to the Defendant on September 21, 2016.

B. On October 18, 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 where there is a well-founded fear that the Plaintiff would be subject to persecution” stipulated in 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 November 15, 2016, but the objection was dismissed on October 11, 2017, and the Plaintiff received a notice of dismissal decision on December 26, 2017.

[Reasons for Recognition] Unsatisfy, Gap evidence 1, Eul evidence 1, Eul evidence 1, 2, and 4, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff, who is the believers of the Plaintiff’s assertion, was threatened with murdering the Hasheman, which was composed of extreme slovasty as a result of land and religion problems in Nariaia.

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. Article 2 Subparag. 1 of the Refugee Act provides that: (a) a refugee refers to a foreigner who is unable or does not want to be protected by the country of nationality due to a well-founded fear to recognize that he/she may be injured on the grounds of race, religion, nationality, membership of a particular social group, or political opinion; 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.

At this time, the foreigner is entitled to receive.

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