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(영문) 서울행정법원 2016.09.08 2016구단11561
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 17, 2015, the Plaintiff entered the Republic of Korea as a foreigner with the nationality of the Republic of Austria, as a short-term visit (C-3) on a short-term basis, and applied for refugee status to the Defendant on November 11, 2015.

B. On November 23, 2015, the Defendant rendered a disposition that does not recognize the Plaintiff as a refugee on the ground that the Plaintiff’s assertion does not constitute “a sufficiently-founded fear that would be subject to persecution” as stipulated in the Refugee Act and the Convention on the Status of Refugees (hereinafter referred to as the instant disposition).

C. On December 14, 2015, the Plaintiff filed an objection with the Minister of Justice on December 14, 2015, but was rendered a final decision dismissing the Plaintiff’s application on March 23, 2016.

[Reasons for Recognition] Entry of Evidence Nos. 1 and 2, the purport of the whole pleadings

2. Determination on the legitimacy of the disposition

A. The Plaintiff asserted that the Plaintiff resided in the Anmba, B, as a nationality state state, in the Anmba, and the village, and the Plaintiff’s her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her was present, but the her her her her her her her her

As the Plaintiff refused this, the Plaintiff died of the Plaintiff in a way such as binding the Plaintiff on the tree by putting the Plaintiff on the tree, and subsequently, the Plaintiff threatened the Plaintiff by telephone or sending a letter even after she escaped.

As such, the instant disposition taken on a different premise is unlawful even though the Plaintiff was detrimental to persecution in a nationality state for religious reasons.

(b) The definitions of terms used in this Act shall be as follows:

1. “Refugee” means the protection of a State of nationality due to well-founded fears recognizing 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.

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