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(영문) 서울행정법원 2018.10.17 2018구단9203

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 June 23, 2016, the Plaintiff entered the Republic of Mari (hereinafter “Mari”) as a foreigner of the nationality of the Republic of Mari (hereinafter “Mari”) and applied for refugee status to the Defendant on February 24, 2017, after entering the Republic of Korea as a general training (D-4).

B. On March 8, 2018, the Defendant rendered a disposition of non-recognition of refugee status (hereinafter “instant disposition”) on the ground that it is difficult to recognize the Plaintiff as “a sufficiently-founded fear of persecution” as stipulated in Article 1 of the Convention on the Status of Refugees (hereinafter “Refugee”) and Article 1 of the Protocol Relating to the Status of Refugees (hereinafter “Refugee Protocol”).

[Reasons for Recognition] Unsatisfy, Gap evidence Nos. 1, 2, 3, Eul evidence Nos. 1, 2, and 4, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The gist of the Plaintiff’s assertion was close to B (B; hereinafter “B”) that is the NA residents.

B, a member of Islamic administrative organization C (hereinafter referred to as "C") around June 9, 2016, which is a member of the Islamic administrative organization C (hereinafter referred to as "C") requested the Plaintiff to join C and become one's own secretary, and there was a threat that the refusal would prejudice the Plaintiff.

Since then, although the plaintiff left a horse, C is tracking the location of the plaintiff, such as the plaintiff's telephone from which the plaintiff was found to his house.

Therefore, the defendant's disposition of this case which did not recognize the plaintiff as a refugee is unlawful even though the possibility that the plaintiff would be stuffed for the above reasons is high in the case that the plaintiff returned to horse.

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, and Article 1 of the Refugee Protocol, foreigners who, owing to well-founded fear of being injured on the grounds of race, religion, nationality, membership of a particular social group, or political opinion, are unable to be protected of the country of nationality or who do not want the protection of the country of nationality, or who, owing to such fear, resided in the country of nationality before entering Korea.