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(영문) 서울행정법원 2017.03.30 2017구단51115
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 December 13, 2013, the Plaintiff entered the Republic of Korea with tourism and Tong (B-2) sojourn status on December 13, 2013 and stayed, and applied for refugee status to the Defendant on July 28, 2014.

B. On July 11, 2016, the Defendant rendered a decision on the recognition of refugee status (hereinafter “instant disposition”) to the Plaintiff 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 on the Status of Refugees.

C. The Plaintiff dissatisfied with the instant disposition and filed an objection with the Minister of Justice on July 15, 2016, but the objection was dismissed on October 27, 2016, and the Plaintiff received a notice of dismissal decision on December 30, 2016.

[Reasons for Recognition] Uncontentious Facts, Gap evidence Nos. 1 through 4, Eul evidence No. 1 and 2, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The plaintiff asserted that the plaintiff was killed by his father who had been drank to the head of the house, due to the ownership of the inherited property to the head of the house, to other relatives of his father. The father who succeeded to the property as the head of his father is also threatened with murder from other relatives of his father.

Therefore, the defendant's disposition of this case made on a different premise is unlawful even though the plaintiff was a refugee suffering from persecution.

B. (1) Determination (1) Article 2 Subparag. 1 of the Refugee Act provides that a refugee refers to a foreigner who is unable or does not want to be protected by a country of nationality due to a well-founded fear of being recognized that he/she may be imprisoned on the grounds of race, religion, nationality, membership of a particular social group, or political opinion, or a stateless foreigner who, due to such fear, cannot return to or does not want to return to a country in which he/she had resided before entering the Republic of Korea.

At this time, .

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