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(영문) 서울행정법원 2016.06.10 2015구단22618
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 August 3, 2010, the Plaintiff entered the Republic of Korea on August 3, 2010 with the status of non-professional employment (E-9) sojourn, and stayed with the permission for extension of the period of sojourn. On May 18, 2015, after the expiration of the period of sojourn (e.g., July 2014), the Plaintiff filed an application for refugee status with the Defendant.

B. On July 22, 2015, the Defendant rendered a decision to deny 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 be subject to persecution” as prescribed by 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, Eul evidence 1, 2, and 3, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The plaintiff's assertion was made by intimidation, which is a political party of four arms, and refused it, thereby being attacked by seven members, and physically threatened with the head of the bridge and head, and even now, the plaintiff's family members are under threat. The plaintiff's assertion is a refugee since it cannot return to a four arms that are not politically safe.

Nevertheless, the instant disposition made by the Defendant on a different premise is unlawful.

(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 wish to be protected from the country of nationality due to well-founded fear that he/she may be harmed by race, religion, nationality, status as a member of a particular social group, or political opinion, or who is not entitled or does not want to return to the country in which he/she resided before entering the Republic of Korea (hereinafter referred to as “orthing country”) due to such fear;

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