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(영문) 서울행정법원 2017.08.25 2017구단2359
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 November 30, 2015, the Plaintiff entered the Republic of Korea with a short-term visit (C-3) sojourn status on a short-term basis on November 30, 2015, and applied for refugee status to the Defendant on December 8, 2015.

B. On January 22, 2016, the Defendant rendered a decision on the recognition of refugee status (hereinafter “instant disposition”) to 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 a requirement of refugee under Article 1 of the Convention on the Status of Refugees and Article 1 of the Protocol on the Status of Refugees.

C. On February 5, 2016, the Plaintiff was notified of the instant disposition and filed an objection with the Minister of Justice on March 4, 2016, but the said objection was dismissed on October 27, 2016.

[Reasons for Recognition] Facts without dispute, Gap 1, 2, Eul 1, 2, 4 and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The plaintiff's assertion that the plaintiff's plaintiff's plaintiff died and succeeded to the village head's position. The plaintiff's three villages threaten the plaintiff, opposing the plaintiff's succession to the family head's position on the ground that the plaintiff's three villages reach his age.

Therefore, the defendant's disposition of this case which did not recognize the plaintiff as a refugee despite high possibility that the plaintiff would be subject to gambling when he returns to the country of nationality is illegal.

B. 1) The term “refugee” means a foreigner who is unable or does not want to be protected by the country of nationality due to well-founded fear to recognize that he/she may be injured on the grounds of race, religion, nationality, status as a member of a specific social group, or political opinion, or a stateless foreigner who, due to such fear, is unable or does not want to return to the country in which he/she resided before entering the Republic of Korea (Article 2 Subparag. 1). 2 of the Refugee Act) and who is a requirement for the recognition of refugee status, such as a threat to life, body or freedom, is against essential human dignity.

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