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(영문) 서울행정법원 2016.08.30 2016구단11653
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 28, 2014, the Plaintiff entered the Republic of Korea as a foreigner of the nationality of the Republic of Chicago, as a short-term visit (C-3). On May 12, 2014, the Plaintiff applied for refugee recognition to the Defendant.

B. On October 26, 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 November 5, 2015, the Plaintiff dissatisfied with the instant disposition and filed an objection with the Minister of Justice on November 5, 2015, but a ruling dismissing the Plaintiff’s application was rendered on March 23, 2016.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3, Eul evidence No. 1 and 2, the purport of the whole pleadings

2. Determination on the legitimacy of the disposition

A. The remaining MaNU DIVION area located in the Republic of Korea where the plaintiff asserted that the plaintiff had resided, and the plaintiff's father, despite not wanting to be a female example, has forced the plaintiff to make a female example.

From 2009 when the plaintiff was 19 years of age, it threatens that the plaintiff will die without being able to do so.

The disposition of this case, which was taken on a different premise, is unlawful, even though the Plaintiff was under an persecution in a state of nationality for religious reasons.

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

1. The term “refugee” shall return to a foreigner who is unable or does not wish to be protected by the country of nationality due to well-founded fear that he/she may be injured on the ground of race, religion, nationality, status as a member of a particular social group, or political opinion, or to a country in which such fear has resided before entering the Republic of Korea (hereinafter referred to as “or a country in which he/she resided”);

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