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(영문) 서울행정법원 2018.03.28 2018구단2356
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 January 30, 2003, the Plaintiff entered the Republic of Korea on January 30, 2003, and applied for refugee recognition to the Defendant on October 16, 2015.

B. On January 29, 2016, the Defendant rendered a disposition of non-recognition of refugee status (hereinafter “instant disposition”) to the Plaintiff on the ground that the Plaintiff cannot be deemed as having “a sufficiently-founded fear of persecution” as stipulated in Article 1 of the Convention on the Status of Refugees and Article 1 of the Protocol on the Status of Refugees.

C. As to this, the Plaintiff filed an objection with the Minister of Justice on March 15, 2016, but was dismissed on October 11, 2017.

[Ground of recognition] Evidence Nos. 1 through 4, Evidence Nos. 1 through 5, and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The gist of the Plaintiff’s assertion was that the Plaintiff, from around 1995 to around 2003, was engaged in activities at an organization that helps people in high-speed villages. On March 10, 2002, the Plaintiff suffered injuries in knife by those who do not know about March 10, 202, and was threatened by the death of women in future.

The plaintiff is considered to be a person of Islamic organization B.

When a plaintiff returns to his own country, he may be subject to intimidation or murder by the above person.

Nevertheless, 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 Refugee Act, Article 1 of the Refugee Convention, and Article 1 of the Refugee Protocol, foreigners in the Republic of Korea who are unable to be protected by the country of nationality or who do not want to be protected by the country of nationality due to well-founded fear of being injured on the grounds of race, religion, nationality, membership of a particular social group, or political opinion, should be recognized as refugee, and “persecution” which is the requirement for recognition of refugee status is threats to life, body or freedom.

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