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(영문) 서울행정법원 2016.07.22 2016구단8374
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 August 29, 2015, the Plaintiff filed an application for refugee status with the Defendant on October 13, 2015, prior to the expiration of the period of stay ( November 29, 2015), when having entered the Republic of ASEAN (C-3) and stayed in the Republic of Korea on a short-term visit (C-3) sojourn on August 29, 2015.

B. On October 26, 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 where there is a well-founded fear that would be subject 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 1, 2, Eul evidence 1 and 2, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion and the Plaintiff’s family members did not appear to be between the Plaintiff’s assertion and the Plaintiff’s family members with the letosian shotos armed forces.

around July 3, 2015, Muslim armed organization was found in the house of the plaintiff's family and died of both the plaintiff's family and the plaintiff's family.

Therefore, the Plaintiff is a refugee who is likely to pose a threat to life, body, or freedom for religious reasons from a Muslim organization at the time of returning home.

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. 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 ground of race, religion, nationality, status as a member of a particular social group, or political opinion, or a foreigner who has resided in the Republic of Korea (hereinafter referred to as "member country") before entering the Republic of Korea due to such fear, or who has not returned to the country in which

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