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(영문) 서울행정법원 2017.07.06 2017구단60034
난민불인정결정취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The plaintiff is well-known in the course of the disposition.

On February 13, 2016, the Republic of Korea (hereinafter “C-3”) entered the Republic of Korea as a foreigner of her nationality, and applied for refugee status to the Defendant on February 19, 2016 after entering the Republic of Korea as a short-term visit (C-3) sojourn status.

On March 10, 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 April 4, 2016, the Plaintiff filed an objection with the Minister of Justice on April 4, 2016, but was dismissed on April 21, 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 that the Plaintiff joined the FDC political party, which is a camping party, recruited young people by joining the political party, and there was an attacked and detained against those who cannot identify them for this reason, and then moved to a sense.

The plaintiff is going on the police track.

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 former 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 or do not want to be protected by the country of nationality, or who, owing to such fear, cannot return to or do not want to return to the country of nationality that had resided before entering the Republic of Korea; and

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