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(영문) 서울행정법원 2017.06.27 2017구단56387

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 February 17, 2016, the Plaintiff entered the Republic of Korea with short-term visit (C-3) sojourn status on short-term visit (C-3) and applied for refugee recognition to the Defendant on May 17, 2016.

On May 31, 2016, the Defendant rendered a disposition to deny 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 that would be subject to 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 June 8, 2016, but the said objection was dismissed on the same ground as December 22, 2016.

【Ground of recognition” without any dispute, Gap evidence Nos. 1 through 4, Eul evidence Nos. 1 and 2, the purport of the entire pleadings, and the purport of the disposition of this case as to the legitimacy of the disposition of this case, the plaintiff's assertion that the plaintiff rejected the request for financial assistance from the members of the armed forces of Kauje, who were requested by the plaintiff.

After that, he tried to visit his father again, and the staff members of the armed organization have heard her father's position in his father's position and entered the Republic of Korea.

After that, the head of the armed administrative body went to her father, and the head of the sonship was born to his father, and the other son also escaped to his son.

For this reason, the plaintiff's return to his country is highly likely to be harmful to gambling.

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, a foreigner who, owing to well-founded fear of persecution for reasons of race, religion, nationality, membership of a particular social group, or political opinion, is not entitled to protection of the country of nationality or does not want the protection of the country of nationality.