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(영문) 서울행정법원 2017.08.29 2017구단57946
난민불인정결정취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

Details of the disposition

On October 17, 2005, the Plaintiff entered the Republic of Korea with a short-term visit (C-3) sojourn status on a short-term visit (C-3), and applied for refugee status to the Defendant on April 14, 2016.

On May 11, 2016, the Defendant rendered a disposition to deny the Plaintiff’s application for refugee status (hereinafter “instant disposition”) on the ground that the Plaintiff’s assertion does not constitute “a well-founded fear that would be subject to persecution” as stipulated in Article 1 of the Refugee Convention and Article 1 of the Refugee Protocol.

The Plaintiff dissatisfied with the instant disposition and filed an objection with the Minister of Justice on June 9, 2016, but the said objection was dismissed on the same ground as December 22, 2016.

【In the absence of dispute, Gap 1-4 evidence, Eul 1-2 evidence, Eul 1-2 evidence, and the purport of the entire argument of this case as to the legitimacy of the disposition of this case, the plaintiff's assertion as to the legitimacy of the disposition of this case was collected with information about the NPA and provided it to the Switzerland and the government. Based on this, the Switzerland killed 15 members of the NPA by committing an attack against the NPA.

However, the NPA knew that the information provider was the Plaintiff, and around March 2002, knew that it was the Plaintiff, the NPA applied the total attack to the Plaintiff.

For this reason, the plaintiff's return to his country is highly likely to be harmful to gambling.

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

Judgment

In full view of the provisions of subparagraph 1 of Article 2 and Article 18 of the Refugee Act, Article 1 of the Refugee Convention, and Article 1 of the Refugee Protocol, foreigners who, owing to well-founded fear of persecution for reasons of race, religion, nationality, membership of a particular social group, or political opinion, are unable to be protected of the country of nationality or do not want to be protected of the country of nationality, or who, owing to such fear, are unable to return to the country in which they resided before entering the Republic of Korea, or who do not want to return to the country of nationality, shall be recognized as refugee and the requirements for recognition of refugee are

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