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(영문) 서울행정법원 2017.03.16 2016구단66820
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 April 28, 2014, the Plaintiff applied for refugee status recognition to the Defendant on April 28, 2014, when a foreigner, who is a national of the Republic of Austria (hereinafter referred to as “Naria”), entered the Republic of Korea as a short-term visit (C-3) sojourn status on April 20, 2014.

B. On March 23, 2016, 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 on the Status of Refugees.

C. The Plaintiff dissatisfied with the instant disposition and filed an objection with the Minister of Justice on April 5, 2016, but was dismissed on December 22, 2016, and the Plaintiff received a notice of dismissal decision on December 27, 2016.

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

2. Whether the instant disposition is lawful

A. The Plaintiff asserted that the Plaintiff was a believers of the Korean War, and rejected the Plaintiff’s demand to succeed to his position from the village head due to the death of the Plaintiff’s father, who was the king of the local body, and was threatened with murder from around 2012 to around 2014.

Therefore, even though the Plaintiff’s disposition constituted a refugee suffering from persecution on the ground of social status, which is a member of a religion or a specific group, was 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 does not have the right to protection of the country of nationality or want the protection of the country of nationality due to a well-founded fear of persecution for reasons of race, religion, nationality, membership of a specific social group or political opinion.

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