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(영문) 서울행정법원 2017.07.14 2017구단58376
난민불인정결정취소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. The following facts: (a) the short-term visit of sojourn status (C-3) on October 31, 2014, the date of entry into the Republic of Korea of the Republic of Korea of the Republic of Korea on October 31, 2014; (b) the filing date of the application for refugee status recognition (hereinafter “instant disposition”); (c) January 11, 2016, the date of the application for refugee status status recognition; (c) there is no dispute over the recognition of the decision to dismiss the notification of the decision on February 4, 2016; (c) the fact that there is no ground for recognition of the decision to dismiss the notification of the decision on October 27, 2016, as of the filing date of the application for objection; (d) the statements in subparagraphs 1 through 4, 1 and 2, and the purport

2. Whether the instant disposition is lawful

A. The plaintiff's assertion is a national of the Republic of Naria (hereinafter referred to as "Naria").

The father of the plaintiff was the president of the native village.

As the father of the plaintiff died on September 6, 2014, the villagers would succeed to the father and the president position.

However, the plaintiff, who is a senior Do governor, refused to do so.

Soar villagers threatened the plaintiff.

The Plaintiff entered the Republic of Korea regardless of the damaged Austria.

As such, the plaintiff should be recognized as a refugee because he/she is likely to threaten the village residents if he/she return to Austria.

B. Article 2 Subparag. 1 of the Refugee Act defines a refugee as “a foreigner who is unable to be protected or does not want to be protected from the country of nationality due to well-founded fear to recognize that he/she may be injured on the grounds of race, religion, nationality, membership of a particular social group, or political opinion, or who, due to such fear, does not want to return to the country in which he/she had resided before entering the Republic of Korea, or who is a state of nationality and who does not want to return.”

The plaintiff, at the time of refugee interview ( January 7, 2016), does not have the second mother for two years if he does not return to the Republic of Korea for two years, and the third mother is a child.

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