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(영문) 서울행정법원 2017.08.29 2017구단19609

난민불인정결정취소

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

Details of the disposition

On March 26, 2016, the Plaintiff entered the Republic of Korea with a short-term visit (C-3) sojourn status as a means-based foreigner, and applied for refugee recognition to the Defendant on April 21, 2016.

On September 23, 2016, the Defendant rendered a disposition not to approve the Plaintiff’s application for refugee status (hereinafter “instant disposition”) on the ground that the Plaintiff’s assertion does not constitute “a well-founded fear of persecution” as stipulated in Article 1 of the Refugee Convention and Article 1 of the Refugee Protocol.

The Plaintiff dissatisfied with the instant disposition and filed an objection with the Minister of Justice on October 19, 2016, but the said objection was dismissed on February 24, 2017.

【Ground of recognition” without any dispute, Gap's evidence Nos. 1 through 4, Eul's evidence Nos. 1 and 2, and the purport of the whole pleading as to whether the disposition of this case is legitimate or not, it is difficult for the plaintiff to see it at present.

Therefore, the instant disposition that did not recognize the Plaintiff as a refugee is unlawful.

Judgment

In full view of the provisions of subparagraph 1 of Article 2 and Article 18 of the Refugee Act, Article 1 of the Refugee Convention, and Article 1 of the Refugee Protocol, foreigners who, owing to well-founded fear of persecution for reasons of race, religion, nationality, membership of a particular social group, or political opinion, are unable to be protected of the country of nationality or who does not want to be protected of the country of nationality, or who, due to such fear, are unable to return to the country of residence in the Republic of Korea before entering the Republic of Korea, or who does not want to return to the country of nationality, or who has resided therein, shall be recognized as a refugee. “persecution” which is the requirement for recognition of a refugee refers to “any act causing serious infringement or discrimination against essential human dignity, including threats to life, body or freedom,” and a foreigner who files an application for recognition of a refugee shall prove that there is a “comfortable-founded fear

Plaintiff

c. argument.