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(영문) 서울행정법원 2017.10.19 2017구단68885

난민불인정결정취소

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. On August 6, 2016, the Plaintiff entered the Republic of Austria (hereinafter referred to as “Naria”) as a foreigner of nationality, and applied for refugee status to the Defendant on August 10, 2016, after entering the Republic of ASEAN as a short-term visit (C-3) sojourn status.

On August 29, 2016, the Defendant rendered a disposition of non-recognition of refugee status (hereinafter referred to as “instant disposition”) to the Plaintiff 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 “Refugee”) and Article 1 of the Protocol Relating to the Status of Refugees (hereinafter referred to as “Refugee Protocol”).

On September 23, 2016, the Plaintiff filed an objection with the Minister of Justice on September 23, 2016, but was dismissed on April 21, 2017.

On June 5, 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 and 2, Eul evidence No. 4-1 and 2, the purport of the whole pleadings

2. Whether the disposition is lawful;

A. The gist of the Plaintiff’s assertion is the Plaintiff’s marriage. On October 26, 2013, the Plaintiff entered into a fladial relationship with C at the B Fladrid on October 26, 2013, and the relevant female was pregnant, and the said female died of a fladial operation.

The father of the woman's father is threatened with D as the master master of B.

No father shall return home while his father is a widely known person.

(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 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 do not want the protection of the country of nationality, or who, owing to such fear, resided in the country of nationality before entering the Republic of Korea.