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(영문) 서울행정법원 2017.04.06 2017구단5198
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 June 18, 2016, the Plaintiff: (a) entered the Republic of Korea as a short-term visit (C-3) sojourn status on June 18, 2016; and (b) applied for refugee status to the Defendant on June 29, 2016.

B. On July 19, 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 August 19, 2016, but was dismissed on December 22, 2016, and the Plaintiff received a notice of dismissal decision on February 2, 2017.

[Reasons for Recognition] Unsatisfy, Gap evidence 1 to 3, Eul evidence 1 and 2, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. In the area where the Plaintiff asserted that he was residing in his country, a weapon was possessed in order to protect his family by ensuring the security and security of the armed organization as a riot between the armed organization, and was forced by the armed organization to join the organization from that time, and was threatened with murder by refusing it.

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 subparagraph 1 of the Refugee Act, and Article 2 subparagraph 1 of the Refugee Act mean a foreigner who, owing to well-founded fear of being recognized as being imprisonable on the ground of race, religion, nationality, status as a member of a particular social group, or political opinion, is unable or does not want to be protected from the country of nationality, or who, due to such fear, cannot return to or does not want to return to the country in which he had resided before entering the Republic of Korea.

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