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(영문) 서울행정법원 2018.05.29 2017구단35557

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 August 20, 2015, the Plaintiff entered the Republic of Korea with a short-term visit (C-3) sojourn status on August 20, 2015, and applied for refugee recognition to the Defendant on February 25, 2016.

B. On March 23, 2016, 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 May 2, 2016, but the Minister of Justice dismissed the Plaintiff’s objection on October 11, 2017.

[Ground of recognition] Facts without dispute, Gap evidence 3, 4, Eul evidence 1 and 2, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion is hydropatha, and around April 25, 2015, Simpatha spatha spatha spatha spatha spatha spatha spatha spatha spatha spatha spatha spatha in the Plaintiff’s native village

Accordingly, the above Sslam slam slam was found in the plaintiff's house and was able to slam with the plaintiff's phone, and threatened the plaintiff with murder.

In the event that the plaintiff returns to the country of nationality, the disposition of this case which did not recognize the plaintiff as a refugee is unlawful even though it is likely that the plaintiff might be stuffed from the Sim-Pacific Ss

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 are unable to obtain protection of their nationality or do not want protection of their 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.