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(영문) 서울행정법원 2016.04.21 2016구단2147
난민불인정결정취소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

Details of the disposition

On May 2, 2013, the Plaintiff filed an application for refugee status with the Defendant on August 21, 2015, while entering the Republic of Rotten (D-4 and 1 year of sojourn) and staying in the Republic of Korea.

On September 8, 2015, the Defendant rendered a disposition not to approve the Plaintiff’s application for refugee status (hereinafter “instant disposition”) on the ground that the Plaintiff’s assertion does not constitute “a well-founded fear of persecution” as stipulated in Article 1 of the Refugee Convention and Article 1 of the Refugee Protocol.

The Plaintiff filed an objection with the Minister of Justice on September 17, 2015, but the said objection was dismissed on the same ground as December 14, 2015.

【The Plaintiff’s assertion as to the legitimacy of the instant disposition indicated in the Evidence Nos. 1 through 3, No. 1, and No. 2

Therefore, the defendant's disposition of this case that did not recognize the plaintiff as a refugee is unlawful even though the possibility of gambling is high in the case that the plaintiff returned to Nice due to the above circumstances.

Judgment

In light of the following circumstances, it is not sufficient to view that there is a well-founded fear of persecution to the Plaintiff, taking into account the following circumstances, when adding the purport of Gap evidence Nos. 4, 5 (including each number), and Eul evidence Nos. 3 through 5 to the above facts, and the defendant's disposition of this case is lawful since there is no other evidence to acknowledge it.

The plaintiff has already asserted religious persecution, and the application for refugee status and related administrative litigation have been filed, and the withdrawal of refugee status has been terminated at this time, and the plaintiff's claim for refugee status has overall credibility.

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