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(영문) 서울행정법원 2016.07.08 2016구단6385
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 April 24, 2013, the Plaintiff entered the Republic of Korea as a short-term visit (C-3) on a short-term basis, and applied for refugee recognition to the Defendant on November 23, 2015.

B. On January 11, 2016, the Defendant issued a disposition to recognize refugee status (hereinafter “instant disposition”) on the ground that the Plaintiff cannot be deemed as having “a well-founded fear that the Plaintiff would suffer from persecution” as stipulated in Article 1 of the Convention on the Status of Refugees (hereinafter “Refugee”) and Article 1 of the Protocol Relating to the Status of Refugees (hereinafter “Refugee Protocol”).

[Ground of recognition] Evidence Nos. 1, 2, Eul Nos. 1, 2, and 4, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff, who was the Plaintiff’s assertion slock, had been slocked in the Asia-Pacifica in around 2009, and had been disputed several times with the omission that became aware of the opening of the species, and was threatened by the Plaintiff that he would not leave his children if he did not return to the vertical wave from the street.

If the plaintiff returns to his own country, the disposition of this case which did not recognize the plaintiff as a refugee despite the possibility of being harmed by religion is unlawful.

B. (1) In full view of the provisions of Article 2 subparag. 1 and Article 18 of the Refugee Act, Article 1 of the Refugee Convention, Article 1 of the Refugee Protocol, and Article 1 of the Refugee Protocol, a foreigner in the Republic of Korea who is unable to be protected or does not want to be protected from the country of nationality due to well-founded fear of persecution for reasons of race, religion, nationality, membership of a particular social group, or political opinion, must be recognized as a refugee. The term “persecution” which is a requirement for recognition of refugee refers to “an act causing serious infringement or discrimination against essential human dignity, including threats to life, body or freedom,” and the same refers to a foreigner who files an application for recognition of refugee status.

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