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(영문) 서울행정법원 2016.09.09 2016구단12281
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 a short-term visit (C-3) on December 9, 2014, and stayed in the Republic of Korea, and applied for refugee status to the Defendant on February 26, 2015, prior to the expiration of the period of stay ( March 9, 2015).

B. On August 20, 2015, the Defendant rendered a decision to deny refugee status (hereinafter “instant disposition”) 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 prescribed by Article 1 of the Convention on the Status of Refugees and Article 1 of the Protocol Relating to the Status of Refugees.

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

2. Whether the instant disposition is lawful

A. The mother of the Plaintiff’s assertion Saria’s nationality was born in Libya Saa, and the Plaintiff settled at Zliten’s husband after marriage around 2012.

Libyvia is virtually in a state of government-free, which has become an intermediate hub of the IS, and the attack of suicide and bomb has continued at a place.

In order to protect the Plaintiff’s mother of foreign nationality, foreign hostile ISO personnel provided that they will cooperate with the Plaintiff’s mother of foreign nationality, and they demanded cash of KRW 50 million.

The plaintiff's mother was her husband who is engaged in the export business of the second and second parts and entered the Republic of Korea, because it is uneasy to live in an unstable country, such as terrorism, and it is not possible to move to Syria due to the outbreak of internal power in Syria, which is a nationality country.

In addition, even after the plaintiff's mother entered the Republic of Korea with the plaintiff, the situation of the rivia becomes worse, and in particular, the plaintiff's mother was a big terrorist in the area where the plaintiff'

Therefore, the Plaintiff constitutes a refugee.

Nevertheless, the instant disposition made by the Defendant on a different premise is unlawful.

(b) Article 2 (Definition of Refugee Act) of the relevant Act and subordinate statutes.

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