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(영문) 서울행정법원 2017.05.11 2016구단64619
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 May 17, 200, the Plaintiff entered the Republic of Korea as a foreigner of Austrian nationality, and stayed in the Republic of Korea on a short-term commercial status (C-2) on May 17, 200, and applied for refugee status to the Defendant on April 5, 2016.

B. On April 19, 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 May 3, 2016, but was dismissed on September 9, 2016, and the Plaintiff received a notice of dismissal decision on October 4, 2016.

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

2. Whether the instant disposition is lawful

A. The Plaintiff asserted that he was killed by his family members on the ground that the Plaintiff was a slovasist of the slovasist of the slovasist of the slovasist of the slovasist B, and in fact the Plaintiff’s father and slovas were killed by

Therefore, the defendant's disposition of this case made on a different premise is unlawful even though the plaintiff was a refugee suffering from persecution.

B. (1) Determination (1) Article 2 Subparag. 1 of the Refugee Act provides that a refugee refers to a foreigner who is unable or does not want to be protected by a country of nationality due to a well-founded fear of being recognized that he/she may be imprisoned on the grounds of race, religion, nationality, membership of a particular social group, or political opinion, or a stateless foreigner who, due to such fear, cannot return to or does not want to return to a country in which he/she had resided before entering the Republic of Korea.

At this time, the term "persecution" to be received by the foreigner means life, body or life.

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