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(영문) 서울행정법원 2017.05.25 2017구단56820
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 July 18, 2006, the Plaintiff entered the Republic of Korea as a short-term visit (C-3) sojourn status on July 18, 2006 and stayed, and applied for refugee recognition to the Defendant on October 1, 2015.

B. On December 16, 2015, the Defendant rendered a decision on the recognition of refugee status (hereinafter “instant disposition”) to the Plaintiff 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” stipulated in Article 1 of the Convention on the Status of Refugees and Article 1 of the Protocol Relating to the Status of Refugees.

C. The Plaintiff dissatisfied with the instant disposition and filed an objection with the Minister of Justice on March 9, 2016, but the objection was dismissed on October 27, 2016, and the Plaintiff received a notice of dismissal decision on March 13, 2017.

[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 plaintiff's assertion that he succeeded to a considerable portion of the plaintiff's father's miscarriage together with the plaintiff's birth. The plaintiff was threatened with murder from the plaintiff's double-presidential system, and the plaintiff's birth was actually killed.

Therefore, the defendant's disposition of this case made on a different premise is unlawful even though the plaintiff's status as a member of a specific social group constitutes a refugee suffering from persecution.

B. (1) Determination (1) Article 2 Subparag. 1 of the Refugee Act provides that a refugee refers to a foreigner who is unable or does not want to be protected by a country of his/her nationality due to well-founded fear of being recognized that he/she may be subject to persecution on the grounds of race, religion, nationality, membership of a particular social group, or political opinion, or a stateless foreigner who is unable or does not want to return to a country in which he/she had resided before entering the Republic of Korea due to such fear.

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