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(영문) 서울행정법원 2018.10.11 2018구단68547
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 26, 2016, the Plaintiff entered the Republic of Korea on a short-term visit (C-3) sojourn status as an alien of Austrian nationality and stayed, and applied for refugee status to the Defendant on December 7, 2016.

B. On April 28, 2017, 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 June 2, 2017, but the objection was dismissed on March 21, 2018, and the Plaintiff received a notice of dismissal decision on May 25, 2018.

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

2. Whether the instant disposition is lawful

A. The Plaintiff, who was the believers of the Plaintiff’s assertion, was asked to succeed to the status of the president from the village senior to the village senior when he died of the Plaintiff, who was the president in Austria, and subsequently was threatened to the village senior and the people.

Therefore, the defendant's disposition of this case made on a different premise is unlawful even though the plaintiff's status as a member of a religion or a specific social group constitutes a refugee suffering from persecution.

(b) Determination 1: Article 2 Subparag. 1 of the Refugee Act; and Article 2 of the Refugee Act means a foreigner who, owing to well-founded fears recognizing 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, is unable or does not want to be protected from the country of nationality; or a nationalless foreigner who, due to such fear, is unable or does not want to return to the country in which he/she had resided before entering the Republic of Korea.

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