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(영문) 서울행정법원 2017.05.11 2017구단9015
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 April 19, 2015, the Plaintiff entered the Republic of Korea and stayed in the short-term visit (C-3) status on April 19, 2015, and applied for refugee status to the Defendant on May 20, 2015.

B. On August 22, 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 September 5, 2016, but the objection was dismissed on December 22, 2016, and the Plaintiff received a notice of dismissal decision on January 16, 2017.

[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 had been forced to engage in the business along with the double-presidential system in Cotedar, and had been forced to suffer from bad business funds. In addition, the Plaintiff was threatened with murder from double-presidential systems that the Plaintiff thought to have deducted business funds.

Therefore, the defendant's disposition of this case made on a different premise is unlawful even though the plaintiff is a refugee suffering from persecution on the grounds of race, religion, nationality, membership of a specific social group or political opinion.

B. (1) Determination (1) Article 2 Subparag. 1 of the Refugee Act, and refugee status does not want to return to, or to return from, a country in which he/she had resided before entering the Republic of Korea due to well-founded fear to recognize that he/she may be detrimental on the ground of race, religion, nationality, membership of a particular social group, or political opinion.

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