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(영문) 서울행정법원 2017.10.17 2017구단66698

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 September 28, 2015, the Plaintiff entered the Republic of Korea with a short-term visit (C-3) sojourn status as a Chinese national foreigner, and applied for refugee recognition to the Defendant on June 30, 2016.

On July 22, 2016, 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 that would be subject to 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 August 2, 2016, but the said objection was dismissed on February 24, 2017.

[Ground of recognition] In the absence of dispute, Gap Nos. 1, 2, 3, Eul Nos. 1, 2, 3, and 1, and 2, and the gist of the Plaintiff’s assertion as to the legitimacy of the disposition of this case as to whether the disposition of this case is legitimate or not, on July 10, 2015, he/she sought the Plaintiff’s order and demanded the Plaintiff to join the e-mail.

When the plaintiff refused this, the above believers were accompanied by the glass of the plaintiff's plaintiff's plaintiff's plaintiff's plaintiff's husband, and threatened the plaintiff's husband with his child.

For this reason, the plaintiff's return to his country is highly likely to be harmful to gambling.

Therefore, the instant disposition that did not recognize the Plaintiff as a refugee is unlawful.

Judgment

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 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 to be protected of the country of nationality, or a state of nationality who, owing to such fear, is unable to return to, or does not want to return to, the country of nationality, which had resided in the Republic of Korea before entering the Republic of Korea, should be recognized as a refugee, and “persecution” which is a requirement for