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(영문) 서울행정법원 2016.12.30 2016구단29005
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 November 5, 2009, the Plaintiff entered the Republic of Korea on a short-term visit (C-3 and 30 days of sojourn) on a short-term visit (C-3 and 30 days of sojourn) and applied for refugee recognition to the Defendant on November 23, 2015, when the period of stay expires.

B. On December 9, 2015, the Defendant rendered a decision on the recognition of refugee status (hereinafter the 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.

[Reasons for Recognition] Facts without dispute, Gap 1 to 3, Eul 1, 2, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff asserted that the Plaintiff worked as a travel guide in the country of nationality, while serving as a travel guide in the country of nationality, and served as a travel guide, and on any day, the Plaintiff abused the Plaintiff as he was arrested by the police and detained for three days after the Plaintiff was arrested by the police.

Therefore, the defendant's disposition of this case which did not recognize the plaintiff as a refugee despite high possibility that the plaintiff would be subject to gambling when he returns to the country of nationality is illegal.

(b) The definitions of terms used in this Act shall be as follows:

1. The term “refugee” means a foreigner who is unable or does not want to be protected from the country of nationality due to well-founded fear that he/she may be harmed by race, religion, nationality, status as a member of a particular social group, or political opinion, or who is unable or does not want to return to the country in which he/she resided before entering the Republic of Korea due to such fear (hereinafter referred to as “or the country in which he/she resided”).

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