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(영문) 서울행정법원 2018.04.24 2017구단78202

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 February 19, 2017, the Plaintiff entered the Republic of Korea with a short-term visit (C-3) status on February 19, 2017, and applied for refugee status to the Defendant on February 20, 2017.

B. On February 28, 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”).

C. The Plaintiff dissatisfied with the instant disposition and filed an objection with the Minister of Justice on April 3, 2017, but the Minister of Justice dismissed the Plaintiff’s objection on October 11, 2017.

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

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion was conducted from around 2012 in 201, and the Chinese government continued to engage in gambling for the training of the training person of the training person of the training person of the training person of the training person of the training person, and the Plaintiff left the country of nationality while continuing his/her escape life since he/she was reported in around July 2014 on the ground that the training was conducted for the training of the training person of the training person of the training person, and the Plaintiff left the country of nationality. The instant disposition that did not recognize the Plaintiff as a refugee

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, foreigners who, owing to well-founded fear of persecution for reasons of race, religion, nationality, membership of a particular social group, or political opinion, cannot be protected of the country of nationality or do not want the protection of the country of nationality, or by such fear, have resided before entering the Republic of Korea.