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(영문) 서울행정법원 2018.09.13 2018구단5737
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. The Plaintiff entered the Republic of Korea on August 27, 2013 as a foreigner with the nationality of the Republic of the Philippines (hereinafter “the Republic of the Philippines”).

B. On July 8, 2016, the Plaintiff filed an application for recognition of refugee status with the Defendant. On October 27, 2016, the Defendant rendered a disposition for recognition of refugee status (hereinafter “instant disposition”) to the Plaintiff on the ground that it is difficult to recognize “the well-founded fear that there is a risk of persecution” as stipulated in Article 1 of the Convention on the Status of Refugees (hereinafter “Refugee Convention”) and Article 1 of the Protocol on the Status of Refugees (hereinafter “Refugee Protocol”) and Article 1 of the Protocol on the Status of Refugees (hereinafter “Refugee Protocol”).

C. On December 7, 2016, the Plaintiff appealed to the instant disposition and filed an objection with the Minister of Justice, but the Minister of Justice dismissed the Plaintiff’s objection on the same ground on October 11, 2017.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 4, Eul evidence 1 to 3, and the purport of whole pleadings

2. The assertion and judgment

A. On December 12, 2012, the Plaintiff’s assertion has been threatened with B trillion staff in the Philippines.

Nevertheless, the disposition of this case which rejected the Plaintiff’s application for refugee status should be revoked as it is unlawful.

B. Article 2 Subparag. 1 of the Refugee Act defines a refugee as “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 particular social group, or political opinion, or who, due to such fear, cannot return to or does not want to return to the country in which he/she had resided before entering the Republic of Korea.”

This is.

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