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(영문) 서울행정법원 2017.09.22 2017구단20999
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 June 25, 2016 of the date of entry into the Republic of Korea of the Republic of Korea with the Plaintiff’s nationality, the short-term sojourn status (C-3) refugee status application (hereinafter “instant disposition”) dated 19, 2016, the date of the application for refugee status recognition (hereinafter “instant disposition”) and on October 19, 2016 of the date of the application for refugee status recognition: The fact that there is no dispute over the determination of rejection of the decision of April 21, 2017 as of the date of the application for objection that there is no sufficient ground for recognition of refugee status: the fact that there is no ground for recognition of rejection of the decision of the decision of April 21, 2016; the statement in subparagraphs 1, 2, 1, and 2;

2. Whether the instant disposition is lawful

A. The plaintiff's assertion is a national of the Republic of Camera (hereinafter referred to as "Kamera").

The plaintiff was engaged in the activities under the control of the Korean People's Council (Seutron 'SCNC'), and was arrested several times due to these activities, and was assaulted.

In addition, the plaintiff has been in the Republic of Korea since it is difficult to receive such a threat.

As such, the Plaintiff is likely to go back to Kamera, and thus, he/she should be recognized as a refugee.

B. Determination 1) Article 2 Subparag. 1 of the Refugee Act defines a refugee 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 a national who, due to such fear, is unable to return to or does not want to return to the country of nationality before entering the Republic of Korea.” 2) The foregoing evidence and the statement in the evidence No. 3 reveal the following circumstances that can be known by adding the purport of the pleading to the statement in the evidence No. 3, it is difficult to view that the Plaintiff has “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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