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(영문) 서울행정법원 2017.03.30 2017구단3352
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. The plaintiff is well-known.

Nationality foreigners entered and staying in the Republic of Korea on a short-term visit (C-3) on October 10, 2014, and applied for refugee status to the defendant on October 23, 2014.

B. On November 30, 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 14, 2015, but the objection was dismissed on December 22, 2016, and the Plaintiff received a notice of dismissal decision on January 3, 2017.

[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's assertion is that the U.S. military base located in the U.S. military security enterprise stationed in C, and the private area boundary of C, and the U.S. military base and the U.S. military service is carried out as guard.

he returned to Korea.

U.S.C.

The Government shall assist itself.

Although it was proposed to serve in the military, he/she was arrested and consulted two times by leaving himself/herself in the armed forces.

Therefore, even though the Plaintiff’s disposition constitutes a refugee suffering from persecution on the grounds of political view or membership of a specific social group, the Defendant’s disposition taken on a different premise is unlawful.

B. (1) In full view of the provisions of Article 2 subparag. 2-2 and Article 76-2(1) of the Immigration Control Act, Article 1 of the Convention Relating to the Status of Refugees (hereinafter “Refugee Convention”), and Article 1 of the Protocol Relating to the Status of Refugees, the Minister of Justice shall have sufficient grounds for persecutioning on grounds of race, religion, nationality, membership of a specific social group or political opinion.

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