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(영문) 서울행정법원 2018.04.11 2018구단1094

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 May 5, 2016, the Plaintiff entered the Republic of Korea on May 5, 2016, and applied for refugee recognition to the Defendant on July 20, 2016.

B. On January 26, 2017, the Defendant rendered a disposition of non-recognition of refugee status (hereinafter “instant disposition”) to the Plaintiff on the ground that the Plaintiff cannot be deemed as having “a sufficiently-founded fear of persecution” as stipulated in Article 1 of the Convention on the Status of Refugees and Article 1 of the Protocol Relating to the Status of Refugees.

C. On March 7, 2017, the Plaintiff filed an objection with the Minister of Justice on March 7, 2017, but the objection was dismissed on October 11, 2017.

[Ground of recognition] Evidence Nos. 1 through 4, Evidence Nos. 1 through 6, and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The main point of the Plaintiff’s assertion was that the Plaintiff did not find employment in its home country after changing to Islamic schools, and that the Plaintiff was subject to the finger of Muslim from other people due to salt.

In Korea, I think that the slock is a terrorist attack.

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

B. In full view of the provisions of Article 2 subparag. 1 and Article 18 of the Refugee Act, Article 1 of the Refugee Convention, Article 1 of the Refugee Protocol, and Article 1 of the Refugee Protocol, a foreigner in the Republic of Korea who is unable to be protected or does not want to be protected in the country of nationality due to well-founded fear of persecution for reasons of race, religion, nationality, membership of a particular social group, or political opinion, should be recognized as a refugee. “persecution” which is a requirement for recognition of a refugee refers to “an act causing serious infringement or discrimination against essential human dignity, including threats to life, body or freedom,” and the foreigner applying for recognition of a refugee refers to “an act causing serious infringement or discrimination against essential human dignity.” 2).