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(영문) 서울행정법원 2016.10.21 2016구단16818
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 4, 2015, the Plaintiff entered the Republic of Korea as a short-term visit (C-3) sojourn status on August 4, 2015 and stayed, and applied for refugee status to the Defendant on August 20, 2015, which was before the expiration of the period of sojourn ( September 3, 2015).

B. On November 9, 2015, the Defendant rendered a decision to deny 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 Nos. 1, 2, Eul evidence Nos. 1, 2 and 3, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. On January 2015, the Plaintiff, the Islamic Republic of Islam. (hereinafter “Plaintiff”) participated in a hydrowave event on and after having returned to Pakistan while installing pipes in two baba, and was threatened with murdering 4-5 Islam. While returning to the Republic of Korea on January 15, 2015, the Plaintiff was at the same time taking advantage of the threat of murdering homicide unless he or she is able to kill from Islamic Russa. (4-5) while returning to Korea.

After that, the plaintiff continued to be threatened with telephone intimidation, but became the Republic of Korea.

Therefore, the Plaintiff constitutes a refugee due to religious gambling.

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. “Refugee” means a foreigner who is unable or does not wish to be protected by a State of his/her nationality due to well-founded fear to recognize that he/she may be injured on the grounds of race, religion, nationality, status as a member of a particular social group or political opinion, or a country in which such fear has resided before entering the Republic of Korea;

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