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(영문) 서울행정법원 2016.05.13 2016구단2048
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. The Plaintiff entered the Republic of Korea on November 24, 2013 as a foreigner of the nationality of the Republic of Austria (hereinafter “ASEAN”), and stayed in the Republic of Korea on a short-term visit (C-3) on a short-term basis, and applied for refugee status recognition to the Defendant on February 5, 2014.

B. On December 31, 2014, the Defendant rendered a decision on the recognition of refugee status (hereinafter “instant disposition”) to the Plaintiff 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 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.

[Reasons for Recognition] Facts without dispute, Gap 1, 2, Eul 1, 2, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The plaintiff's assertion is a parasist of the Egropian origin. The plaintiff's assertion is a vicesist of the Egropian traditional Korean religion.

Around August 2012, 2012, when the plaintiff and the plaintiff's female mother were refused to start a life as a member of a regional wharf, the plaintiff's father forced the female mother of the plaintiff and the plaintiff to start a life, the plaintiff's female mother was able to kill the plaintiff.

Therefore, the Plaintiff constitutes a refugee, and the instant disposition taken on a different premise is unlawful.

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

1. The term "refugee" means a foreigner who is unable or does not want to be protected from the country of his/her nationality due to well-founded fear that he/she may be injured on the grounds of race, religion, nationality, status as a member of a specific social group, or political opinion, or a stateless foreigner who, owing to such fear, is unable or does not want to return to the country in which he/she resided before entering the Republic of Korea (hereinafter referred to as "state of his/her nationality");

(c) the requirements for recognition of refugee status 1.

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