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(영문) 서울행정법원 2017.06.22 2017구단12295
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 February 1, 2016, the Plaintiff entered the Republic of Korea as a short-term visit (C-3) sojourn status on February 1, 2016 and stayed, and applied for refugee status to the Defendant on February 11, 2016.

B. On February 17, 2016, the Defendant rendered a decision to recognize refugee status (hereinafter “instant disposition”) to the Plaintiff on the ground that the Plaintiff’s assertion does not constitute a case of “a well-founded fear that would be subject to persecution” as a requirement of refugee under Article 1 of the Convention on the Status of Refugees and Article 1 of the Protocol on the Status of Refugees.

C. The Plaintiff dissatisfied with the instant disposition and filed an objection with the Minister of Justice on March 21, 2016, but was dismissed on December 22, 2016, and the Plaintiff received a notice of dismissal decision on February 1, 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 was caused by the attack of Boii, a Islamic armed body, in the course of operating a store in Bolilia in Bolivia, Mana, and then caused by the attack of Boi, a Islamic armed body, and the interview with the broadcast media, which led to a threat of murder from Boii's officers when conducting an interview.

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 religion or a specific social group constitutes a refugee suffering from persecution.

(b)(1) Determinations: Article 2 subparag. 1 of the Refugee Act; Article 2 of the Refugee Act; Article 2 of the Refugee Act provides that foreigners who are unable or do not want to be protected from the country of nationality due to well-founded fear to recognize that they may be persecution on the grounds of race, religion, nationality, membership of a particular social group, or political opinion, or who, due to such fear, have resided before entering Korea.

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