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(영문) 서울행정법원 2015.10.16 2015구단10486
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 is well-known.

On October 22, 2011, an alien with the nationality of the Republic of Korea (hereinafter referred to as “Korea”) entered the Republic of Korea with a short-term visit (C-3) sojourn status on a short-term visit (C-3) and stayed, and filed an application for refugee status with the Defendant on April 13, 2012 after the expiration of the period of stay ( January 20, 2012).

B. On April 25, 2014, the Defendant rendered a disposition of non-recognition of 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 suffer persecution” as a requirement of 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] Unsatisfy, Gap evidence 1, Eul evidence 1, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The plaintiff's assertion is well-known as his home country.

It is threatened by the residents of the village in which same-sex organizations are located for the reason that they join the same-sex organizations.

Therefore, even though the Plaintiff is a refugee, the instant disposition taken by the Defendant on a different premise is unlawful.

B. Determination 1) In full view of the provisions of Article 2 subparag. 3 and Article 76-2(1) of the former Immigration Control Act (amended by Act No. 11298, Feb. 10, 2012; Article 1 of the Convention Relating to the Status of Refugees; and Article 1 of the Protocol Relating to the Status of Refugees, the Defendant shall recognize a foreigner in the Republic of Korea, who is unable to be protected by the country of his/her nationality due to well-founded fear of persecution for reasons of race, religion, nationality, membership of a specific social group, or political opinion, or who does not want to be protected by the country of his/her nationality, as a refugee under the Refugee Convention.

At this time, "persecution", which is a requirement for recognition of refugee status, is a serious infringement of or discrimination against essential human dignity, including threats to life, body or freedom.

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