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(영문) 서울고등법원 2015.01.28 2014누52093
난민인정심사불회부결정취소의 소
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. The reasoning of the court's explanation concerning this case is as follows: Article 5 (3) of the Enforcement Decree of the Refugee Act is "Article 5 (4) of the Enforcement Decree of the Refugee Act"; Article 5 (5) 8 of the Enforcement Decree of the Refugee Act is "Convention on the Status of Refugees" (hereinafter "Refugee Convention"), and Article 5 of the 8th Refugee Convention is "Convention on the Status of Refugees"; and Article 5 of the 8th Refugee Agreement is "Refugee Convention on the Status of Refugees" which does not refer the plaintiff to the refugee recognition examination. The legitimacy of the disposition of this case is as stated in the reasoning of the first instance judgment, except for adding

Therefore, it is accepted by Article 8 (2) of the Administrative Litigation Act and Article 420 of the Civil Procedure Act as it is.

2. The further determination of this Court

A. The purpose of the "Application System for Refugee Recognition at Ports of Entry and Departure" and its application 1) was enacted on February 10, 2012, and enforced on July 1, 2013, are as follows: "The Republic of Korea regulates the procedures for refugee recognition in the Immigration Control Act, but does not fulfill its responsibilities in the international community because there are no sufficient acceptance of refugee status, and there are many problems, such as the rapidness, transparency, and fairness of the procedures for refugee recognition, and there are constant problems in the Republic of Korea and domestic laws, such as the Convention on Refugees, and the purpose of the "to harmonize the procedures for refugee recognition with the international law and domestic law, such as the Convention on Refugees and the early adoption of the application, and further to the human rights developed country. From this humanitarian perspective, the Refugee Act allows a person who has applied for refugee recognition under Article 5 to stay in the Republic of Korea until a decision on whether to grant refugee status becomes final and conclusive (Article 5(6) and Article 18(1)4).

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