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(영문) 서울행정법원 2017.04.19 2017구단52293
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 May 30, 2016, the Plaintiff entered the Republic of Korea with a short-term visit (C-3) status on May 30, 2016, and applied for refugee status to the Defendant on June 7, 2016.

B. On June 27, 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.

C. The Plaintiff dissatisfied with the instant disposition and filed an objection against the Minister of Justice on July 21, 2016, but the Minister of Justice dismissed it on October 27, 2016.

[Ground of recognition] Facts without dispute, Gap evidence 1 through 5, Eul evidence 1 and 2, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion that the Plaintiff’s purchase of land was proper, and again refused the seller’s demand to sell it, but died at the seller’s low price, and immediately after the Plaintiff’s death.

The plaintiff also left the Republic of Korea on the ground that his body started with Ap and found a liquorian, and that a liquorian should leave Africa to damage the Africa.

For this reason, the disposition of this case which did not recognize the plaintiff as a refugee even though the plaintiff could be affected by gambling when he returns home to his country is illegal.

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, a foreigner 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, is unable or does not want the protection of the country of nationality, or who, owing to such fear, does not return to or does not want to return to the country in which he had resided before entering the Republic of Korea.

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