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(영문) 서울행정법원 2016.10.21 2016구단16368
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 October 20, 2014, the Plaintiff entered the Republic of Korea as a short-term visit (C-3) sojourn status on a short-term visit (C-3) held on October 27, 2014, and filed an application for refugee status with the Defendant on October 27, 2014, prior to the expiration of the period of stay ( November 19, 2014).

B. On November 24, 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 the Plaintiff 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 father’s assertion was the highest position among the high-speed village slocks, and all of the Plaintiff’s family members were Muslim.

그런데 맏아들인 원고가 기독교로 개종하자 이를 알게 된 원고의 아버지와 마을의 다른 이슬람 신자들이 원고를 폭행하고 수차 살해 협박을 하였다.

Therefore, the plaintiff constitutes a refugee on the ground of his/her status as a member of a religious or a specific social group.

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 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) Nos. 3 and 4-1.

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