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(영문) 서울행정법원 2016.11.30 2016구단19398
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 March 24, 2011, the Plaintiff entered the Republic of Korea as a short-term visit (C-3) sojourn status and stayed in the Republic of Korea on a short-term basis, and filed an application for refugee status recognition with the Defendant on December 2, 2014, after the expiration of the period of sojourn ( June 22, 2011).

B. On October 19, 2015, the Defendant rendered a decision on the recognition of refugee status (hereinafter “instant disposition”) on the ground that the Plaintiff does not constitute a case of “a well-founded fear that would be detrimental to persecution” as prescribed by Article 1 of the Convention on the Status of Refugees and Article 1 of the Protocol Relating to the Status of Refugees.

[Reasons for Recognition] Unsatisfy, Gap evidence Nos. 1 through 4, Eul evidence Nos. 1 and 2, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion was changed from the Muslim family to Muslim, but around January 201, the Plaintiff changed the Plaintiff’s assertion to Muslim as Muslim.

After the Plaintiff’s relocation into the Republic of Korea, the Plaintiff continued to be threatened with the Plaintiff’s family members and in particular, from the external third villages. On December 2010, the Plaintiff’s outer third villages sold the Plaintiff’s right arms at the steel mon, thereby causing injury, and the Plaintiff’s visit was bullying.

In particular, the first third village, which is a Muslim teacher, continuously stuffed the plaintiff.

Therefore, the Plaintiff is a refugee for religious reasons, since he/she was threatened with the resumption and physical harm from the outer village.

Nevertheless, the instant disposition made by the Defendant on a different premise is unlawful.

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

1. “Refugee” means a foreigner who is unable or does not wish to be protected by a State of nationality due to well-founded fear to recognize that he/she may be injured on the grounds of race, religion, nationality, status as a member of a particular social group or political opinion, or by such fear.

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