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(영문) 서울행정법원 2017.03.31 2016구단28170

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 August 1, 2004, the Plaintiff entered the Republic of Korea with a short-term stay status (C-2) on a short-term stay status on August 1, 2004, and applied for refugee recognition to the Defendant on September 2, 2015.

On December 29, 2015, 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 of 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 January 25, 2016, but the said objection was dismissed on May 31, 2016.

[Ground of recognition] In the absence of dispute, Gap evidence Nos. 1 through 4, Eul evidence Nos. 1, and Eul evidence Nos. 1, and the purport of the entire pleading as to legitimacy of the disposition of this case as to legitimacy of the disposition of this case, the plaintiff's father was admitted to a local management organization when the plaintiff's father visiteds the high-speed village around 2002, and the plaintiff's father was trying to sacrifice the plaintiff's father for the awareness of local management.

For this reason, if the father of the plaintiff return to Dogian, it is highly likely that the above circumstances will be stuffed.

Therefore, the father of the plaintiff is a refugee, and the plaintiff should also be recognized as a refugee in accordance with the principle of family combination.

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