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(영문) 서울행정법원 2016.07.29 2016구단13871
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 September 4, 2014, the Plaintiff entered the Republic of Korea with a short-term visit (C-3) status on September 4, 2014, and applied for refugee status to the Defendant on September 11, 2014.

B. On October 8, 2015, the Defendant rendered a decision to recognize 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 Relating to the Status of Refugees.

[Reasons for Recognition] Uncontentious Facts, Gap 1, Eul 1, Eul 2, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. On June 23, 2014, the Plaintiff’s assertion slive Slive Slive Slive Slive Slive Slive Slive Slive Slive Slive Slive Slive Slive Slive Slive Slives

Therefore, the defendant's disposition of this case which did not recognize the plaintiff as a refugee is unlawful.

(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 his/her nationality due to well-founded fear that he/she may be injured on the grounds of race, religion, nationality, status as a member of a specific social group, or political opinion, or a stateless foreigner who, owing to such fear, is unable or does not want to return to the country in which he/she resided before entering the Republic of Korea (hereinafter referred to as "state of his/her nationality");

C. In light of the following circumstances, comprehensively taking into account the respective descriptions of evidence Nos. 3 and 4 (including paper numbers) and the purport of the entire pleadings, the Plaintiff is deprived of political opinion on the ground of race, religion, nationality, membership of a specific social group, or political opinion, even if all evidence and arguments submitted by the Plaintiff were considered.

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