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(영문) 서울행정법원 2016.08.26 2016구단15341
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 March 29, 2015, the Plaintiff entered the Republic of Korea as a short-term visit (C-3) sojourn status on March 29, 2015 and stayed, and applied for refugee recognition to the Defendant on June 22, 2015.

B. On December 17, 2015, the Defendant rendered a decision to recognize refugee status (hereinafter the instant disposition) on the ground that the Plaintiff’s assertion does not constitute a case where there is a well-founded fear that the Plaintiff would be subject to persecution as a refugee under 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] 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 place where the Plaintiff was residing in the country of nationality is adjacent to Syria and, as a border, encourage people who wish to join the international conference to share with the Plaintiff’s village, and murder those who refuse to do so.

They requested both the Plaintiff and her relatives to “salking their own vehicles to Syria,” on two occasions at the end of 2014 or early 2015, and the Plaintiff’s behavior refused it, thereby threatening the Plaintiff’s behavior and the family members to die. On February 2015, 2015, the Plaintiff’s village fell.

Therefore, the defendant's disposition of this case which did not recognize the plaintiff as a refugee despite high possibility that the plaintiff would be subject to gambling when he returns to the country of nationality is illegal.

(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 to recognize that he/she may be injured on the grounds of race, religion, nationality, status as a member of a particular social group, or political opinion, or a country in which he/she has resided before entering the Republic of Korea due to such fear (hereinafter referred to as “beneficial country”);

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