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(영문) 서울행정법원 2018.04.17 2017구단37164

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 March 22, 2004, the Plaintiff entered the Republic of Korea with a short-term visit (C-3) status on March 22, 2004, and applied for refugee status to the Defendant on August 9, 2017.

B. On August 29, 2017, the Defendant rendered a decision on refugee status refusal (hereinafter “instant disposition”) against the Plaintiff on the ground that the Plaintiff’s assertion does not constitute a case of “a well-founded fear that would be subject to persecution” as prescribed by Article 1 of the Convention on the Status of Refugees (hereinafter “Refugee Convention”) and Article 1 of the Protocol Relating to the Status of Refugees (hereinafter “Refugee Protocol”).

[Ground of recognition] Facts without dispute, Gap evidence 1, 3, Eul evidence 1 and 2, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion that the Plaintiff’s punishment was dead during the locking around 1998, and the Plaintiff’s she was also missing in around 2002 and was found to have died only one week after his/her disappearance.

The Plaintiff and the Plaintiff’s mother told from a church pastor that “the Plaintiff’s father is a member of a confidential local organization, and the Plaintiff’s punishment was a sacrificing, and the Plaintiff’s punishment was a sacrificing, and the Plaintiff is the following sacrifice, and ought to leave glaria.”

Accordingly, the plaintiff has left the country of nationality, and thereafter the plaintiff's father did not inform the whereabouts of the plaintiff's mother.

In the event that the plaintiff returns to his country of nationality, the disposition of this case, which did not recognize the plaintiff as a refugee, is unlawful, despite the possibility of threatening the plaintiff's life from his father.

B. In full view of the provisions of Article 2 subparag. 1 of the Refugee Act, Article 1 of the Refugee Convention, and Article 1 of the Refugee Protocol, the nationality country is due to a well-founded fear of persecution for reasons of race, religion, nationality, membership of a particular social group or political opinion.