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(영문) 서울행정법원 2017.12.15 2017구단31524
난민불인정결정취소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. In the course of the disposition, on February 27, 2016, the date of entry into the Republic of Korea of the Republic of Korea of the Republic of Korea of the date of the application for refugee status short-term visit (C-3) (hereinafter “instant disposition”) on February 27, 2016, the date of the application for refugee status recognition (hereinafter “instant disposition”) and on September 23, 2016, the decision of the Supreme Court rendered on March 10, 2016: The fact that there is no dispute over the grounds for recognition of the decision of rejection as of October 5, 2016 of the date of the application for objection that the decision of the Supreme Court rendered on October 18, 2017, and that there is no ground for recognition of the decision of rejection as of the date of the decision of the decision

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion is a person of nationality of the Republic of means (hereinafter “means”).

The plaintiff was ordered by the chief of the police station to observe the vehicle containing narcotics while working at the police station, but rejected it.

The police officer dismissed the plaintiff and detained him in prison.

Accordingly, the plaintiff has been in the Republic of Korea regardless of the means to do so.

As such, the Plaintiff should be recognized as a refugee inasmuch as he/she is likely to be imprisoned by the chief of the police station.

B. Determination 1) Article 2 Subparag. 1 of the Refugee Act defines refugee status as “a foreigner who is unable to be protected or does not want to be protected by the country of nationality due to well-founded fear to recognize that he/she may be injured on the grounds of race, religion, nationality, membership of a specific social group, or political opinion, or a foreigner who is not able to return to or does not want to return to the country in which he/she had resided before entering the Republic of Korea due to such fear.” 2) The aforementioned evidence and the statement in the evidence No. 3 reveal the following circumstances that can be known by adding the whole arguments to the purport of the pleading in addition to the statement in the evidence No. 3, the Plaintiff is “a well-founded fear of being injured on the grounds of race, religion, nationality, membership of a specific social group, or political opinion.”

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