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TITLE Supreme Court Decision 2013Du16852 Decided March 9, 2017【Revocation of Disposition of Refugee Status Non-Recognition】 [full Text]
Summary
[1] Where Party A, a Myanmar citizen, entered the Republic of Korea using a passport issued under the name of Party B (a false name) and thereafter applied for refugee status using such name but the Minister of Justice denied refugee status after having directly interviewed Party A and having looked into the relevant matter, the case holding that Party A had a legal interest to seek revocation of the disposition
[2] Whether an omission of judgment by a lower court as to a party’s claim on the legal interest of challenging a disposition constitutes lawful grounds for appeal (negative)
[3] Whether a person can be recognized as a refugee in the event of a “well-founded fear of persecution” due to having expressed a political opinion in a country of residence after leaving his/her country of nationality (affirmative), and whether such conclusion can change if having provided a cause of persecution to receive refugee protection (negative)
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