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(영문) 서울행정법원 2017.10.19 2017구단25697
난민불인정결정취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. In the course of the disposition, the Plaintiff entered the Republic of four arms’s Federal Democratic Republic (hereinafter referred to as “NAM”) as a foreigner of the nationality on May 24, 201, and extended the period of stay on the basis of non-professional employment (E-9) status on May 24, 201, and filed an application for refugee status with the Defendant on March 16, 2016 after the expiration of the period of stay (E-9 March 23, 2016).

On June 29, 2016, the Defendant rendered a disposition of non-recognition of refugee status (hereinafter referred to as “instant disposition”) to the Plaintiff on the ground that the Plaintiff’s assertion does not constitute “a sufficiently-founded fear that it would be prejudicial to persecution” as stipulated in Article 1 of the Convention on the Status of Refugees (hereinafter referred to as “Refugee”) and Article 1 of the Protocol Relating to the Status of Refugees (hereinafter referred to as “Refugee Protocol”).

On July 26, 2016, the Plaintiff filed an objection with the Minister of Justice on July 26, 2016, but was dismissed on June 8, 2017.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence Nos. 1, 2 and 4, the purport of the whole pleadings

2. Whether the disposition is lawful;

A. The gist of the Plaintiff’s assertion was as follows: (a) the Plaintiff was threatened by the organization of SJM (Samyukta Jtilya Mukti Mucha) to fully pay the contribution.

As such, the instant disposition that the Plaintiff did not recognize the Plaintiff as a refugee despite the risk of persecution from illegal organizations SJM in its home country was 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 unable to be protected of the country of nationality or who does not want to be protected of the country of nationality due to such fear, or who, owing to such fear, could 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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