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(영문) 서울행정법원 2018.04.24 2018구단50324
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 February 12, 2017, the Plaintiff entered the Republic of Korea with a short-term visit (C-3) status on February 12, 2017, and applied for refugee status to the Defendant on February 15, 2017.

B. On February 28, 2017, the Defendant rendered a decision on refugee status refusal (hereinafter “instant disposition”) against 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 prescribed by Article 1 of the Convention on the Status of Refugees (hereinafter “Refugee Convention”) and Article 1 of the Protocol Relating to the Status of Refugees (hereinafter “Refugee Protocol”).

C. The Plaintiff dissatisfied with the instant disposition and filed an objection with the Minister of Justice on April 6, 2017, but the Minister of Justice dismissed the Plaintiff’s objection on October 11, 2017.

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

2. Whether the instant disposition is lawful

A. The plaintiff's assertion has been trained from around 2007, and the Chinese government continued to be stuffed against the training personnel of the Rose of Sharon.

On August 2009, the Plaintiff was arrested and investigated on the ground that he distributed the leaflets related to the Pakistan, and around March 2016, the Plaintiff distributed the leaflets related to the Pakistan within the city and was arrested within the city for seven days and was detained in the factory, and then 5,000 square meters was fested.

In the event that the plaintiff returned to a country of nationality, the disposition of this case which did not recognize the plaintiff as a refugee despite the possibility of persecution in the above circumstances is unlawful.

B. In full view of the provisions of Article 2 Subparag. 1 of the Refugee Act, Article 1 of the Refugee Convention, and Article 1 of the Refugee Protocol, the protection of the country of nationality may be obtained due to a well-founded fear of persecution for reasons of race, religion, nationality, membership of a particular social group or political opinion.

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