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(영문) 서울행정법원 2018.08.23 2018구단65364
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 2, 2015, the Plaintiff entered the Republic of Korea as a foreigner with a nationality of Arabic, and stayed in the Republic of Korea as a tourism and Tong (B-2) status on October 2, 2015, and applied for refugee status to the Defendant on December 29, 2015.

B. On August 23, 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 September 19, 2017, but was dismissed on June 12, 2018, and the Plaintiff received a notice of dismissal decision on June 26, 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 asserted that the Plaintiff was threatened with the threat of murder, along with the intimidation, that the Plaintiff did not work in his/her domicile in the area where he/she had been living, while working as a defect in AfIstan as well as as an AfIstan as an AfIstan.

Therefore, even though the Plaintiff’s status as a member of a religious or social group or as a refugee suffering from persecution on the ground of a political opinion, the Defendant’s disposition taken on a different premise is unlawful.

(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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