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TITLE Supreme Court Decision 2016Du56080 Decided July 11, 2017【Revocation of Denial of Refugee Status】* First draft [full Text]
Summary
Meaning of “a particular social group” under Article 2 subparag. 1 of the Refugee Act, and whether same sex orientation constitutes a particular social group (affirmative with restriction)
Meaning of “persecution” to which a foreigner applying for refugee status is likely to be exposed, and requirements for a homosexual applicant to be recognized as a refugee
Allocation of the burden of proof of the presence of “well-founded fear” of being persecuted (held: refugee applicant)
Prev Supreme Court Decision 2016Du41781 Decided July 18, 2017 【Revocation of Disposition Imposing Comprehensive Real Estate Tax, Etc.】 * First draft
Next Supreme Court Decision 2016Do14820 Decided July 11, 2017【Violation of the Special Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Breach of Trust) (Defendant 1’s Partly Acknowledged Name of Crime: Attempted Occupational Breach of Trust, Defendant 2’s Acknowledged Name of Crime: Occupational Breach of Trust); Violation of the Special Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement); Occupational Breach of Trust (Defendant 1’s Partly Acknowledged Name of Crime: Violation of the Special Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Breach of Trust), Partly Changed Name of Crime: Violation of the Special Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement)); Occupational Embezzlement (Changed Name of Crime: Violation of the Special Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement)); Fraud; Perjury】* First draft
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