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(영문) 서울행정법원 2017.03.23 2016구단33233
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 29, 2015, the Plaintiff, a foreigner of the nationality of the Republic of Naria (hereinafter “Naria”), entered the Republic of Korea as a short-term visit (C-3) sojourn status on August 29, 2015, and applied for refugee status recognition to the Defendant on October 5, 2015.

B. On November 26, 2015, 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 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 Relating to the Status of Refugees.

C. The Plaintiff dissatisfied with the instant disposition and filed an objection with the Minister of Justice on December 21, 2015, but the objection was dismissed on October 27, 2016, and the Plaintiff received a notice of dismissal decision on November 18, 2016.

[Reasons for Recognition] Unsatisfy, Gap evidence 1 to 3, Eul evidence 1 and 2, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff asserted that the Plaintiff was the believers of the lag, who was subject to an attack by the lag, and in particular, during the business trip between the Republic of Korea and the Republic of Korea, he killed the church pastor, destroyed his relative points, and threatened him to kill himself.

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 ground of religion.

B. (1) Determination (1) Article 2 Subparag. 1 of the Refugee Act; refugee status means a foreigner who, owing to well-founded fear of being recognized as being imprisonable on the ground 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 had resided before entering the Republic of Korea.

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