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(영문) 서울행정법원 2017.06.29 2017구단14833
난민불인정결정취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. On December 26, 2016, the Plaintiff entered the Republic of Morocco Kingdom (hereinafter “Morocco”) as a foreigner of nationality, and applied for refugee status to the Defendant on February 8, 2017, after entering the Republic of Korea as a foreigner of the status of stay for visa exemption (B-1).

On March 30, 2017, 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”).

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3, Eul evidence Nos. 1 and 2, the purport of the whole pleadings

2. Whether the disposition is lawful;

A. The gist of the Plaintiff’s assertion lies in Islamic teaching.

It has been transferred to the police.

There is a concern for arrest from Islamic Moroc police.

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, Article 1 of the Refugee Convention, and Article 1 of the Refugee Protocol, foreigners who, owing to a 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, is unable or does not want to return to the country of nationality, which has resided in the Republic of Korea before entering the Republic of Korea, or who is unable or does not want to return to the country of nationality. The term “persecution” which is the requirement for the recognition of refugee refers to “any act causing serious infringement or discrimination on the essential human dignity, including threats to life, body or freedom,” and such a foreigner who makes an application for the recognition of refugee is sufficient.

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