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(영문) 서울행정법원 2017.04.20 2016구단66202
난민불인정결정취소
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Details of the disposition;

A. The Plaintiffs entered the Republic of Korea with a short-term visit (C-3) sojourn status on July 21, 2004 and stayed in the Republic of Korea on May 28, 2015 between A and B.

Plaintiff

A on July 9, 2015, and Plaintiff B filed an application for recognition of refugee status with the Defendant on June 18, 2015.

B. On February 18, 2016, the Defendant rendered a decision to recognize refugee status (hereinafter “each of the dispositions in this case”) on the ground that the Plaintiff’s assertion does not constitute a case where there is a well-founded fear that the Plaintiff would be subject to persecution” stipulated in Article 1 of the Convention on the Status of Refugees and Article 1 of the Protocol Relating to the Status of Refugees.

C. On April 1, 2016, Plaintiff A, and Plaintiff B, respectively, filed an objection with the Minister of Justice on February 24, 2016. However, each objection raised by Plaintiff A on October 27, 2016, and Plaintiff B was dismissed on September 9, 2016, and the Plaintiffs received each notice of dismissal dismissal on November 4, 2016.

[Reasons for Recognition] Facts without dispute, Gap evidence 1 to 5, Eul evidence 1 to 2, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The defendant's disposition of this case, which was made on a different premise, constitutes the wife of the plaintiff A and the mother of the plaintiff B, constitutes a refugee, and thus, the plaintiffs are recognized as a refugee based on the family-combined principle, is unlawful.

B. (1) In addition to the overall purport of the pleadings in the written evidence Nos. 4 through 6 of B, the fact that Plaintiff A’s wife and Plaintiff B’s mother C filed an application for refugee status on January 15, 2015 on the ground that there is a risk that assault from their family members may be harmed by the relevant gambling after the Plaintiff’s wife and the Plaintiff’s mother transferred from Islamic schools to sautic schools, but on December 28, 2015, the Defendant was subject to a disposition of non-recognition of refugee status by the Defendant on December 28, 2015, and that C filed an objection with the Minister of Justice on February 18, 2016, but C received the decision on September 9, 2016, and C received this decision.

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