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(영문) 서울행정법원 2017.10.26 2017구단70062
난민불인정결정취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. On July 27, 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 9, 2016, after entering the Republic of ASEAN as a short-term visit (C-3).

On September 8, 2016, the Defendant rendered a disposition of non-recognition of refugee status (hereinafter referred to as “instant disposition”) on the ground that the Plaintiff’s assertion does not constitute “a sufficiently-founded fear that it would be detrimental to the State” as stipulated in Article 1 of the Convention on the Status of Refugees (hereinafter referred to as the “Refugee Agreement”) and Article 1 of the Protocol Relating to the Status of Refugees (hereinafter referred to as the “Refugee Protocol”).

On September 19, 2016, the Plaintiff filed an objection with the Minister of Justice on September 19, 2016, but was dismissed on April 21, 2017.

On May 30, 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, 2 and 3, the purport of the whole pleadings

2. Whether the disposition is lawful;

A. The gist of the Plaintiff’s assertion was that the Plaintiff died at the Green Age, succeeded to the position of the president of the village for about 30 years, and moved to the president of the village for about 30 years. On December 2012, 2012, the Plaintiff’s village head and the people sought the Plaintiff’s house to find out the Plaintiff’s house, and threatened the Plaintiff.

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

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 not entitled to protection of the country of nationality or do not want protection of the country of nationality, or those who, due to such fear, resided in Korea before entering Korea.

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