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(영문) 서울행정법원 2017.11.16 2017구단31210

난민불인정결정취소

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. On September 12, 2014, the Plaintiff entered the country as a foreigner with the nationality of the Republic of Takkistan (hereinafter “Tkististan”) and applied for refugee status on January 12, 2016 after the expiration of the period of stay (C-3 October 19, 2014).

On July 11, 2016, the Defendant rendered a disposition of non-recognition of refugee status (hereinafter referred to as “instant disposition”) on the ground that the Plaintiff’s assertion does not constitute “a sufficiently-founded fear that it would be prejudicial to persecution” as stipulated in Article 1 of the Convention on the Status of Refugees (hereinafter referred to as the “Refugee”) and Article 1 of the Protocol Relating to the Status of Refugees (hereinafter referred to as the “Refugee Protocol”).

On July 21, 2016, the Plaintiff filed an objection with the Minister of Justice on July 21, 2016, but was dismissed on June 8, 2017.

On July 12, 2017, the Plaintiff received a notice of decision to dismiss an objection.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence Nos. 1, 2, 4, and 5, the purport of the whole pleadings

2. Whether the disposition is lawful;

A. The main point of the Plaintiff’s assertion and the Plaintiff’s family members are Nicea Typa fol.

In the seventh year of the Plaintiff’s entry into Turkey school, the Plaintiff changed the course of the Plaintiff’s entry into the Turkey school.

In other words, it has been missing.

Murder threatens the plaintiff.

B. In full view of the provisions of Article 2 subparag. 1 and Article 18 of the former Refugee Act, Article 1 of the Refugee Convention, and Article 1 of the Refugee Protocol, foreigners who, owing to a well-founded fear of persecution for reasons of race, religion, nationality, membership of a particular social group, or political opinion, are unable or do not want the protection of the country of nationality, or who, owing to such fear, cannot return to, or do not want to return to, the country of nationality that had resided before entering the Republic of Korea, should be recognized as a refugee, and the requirements for recognition of refugee are satisfied.