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(영문) 서울행정법원 2017.04.19 2016구단32377
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 16, 2016, the Plaintiff entered the Republic of Korea on February 16, 2016, and applied for refugee recognition to the Defendant on March 16, 2016.

B. On March 21, 2016, the Defendant rendered a disposition of non-recognition of refugee status (hereinafter “instant disposition”) 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 Relating to the Status of Refugees.

C. On May 9, 2016, the Plaintiff filed an objection with the Minister of Justice on May 9, 2016, but the objection was dismissed on October 27, 2016.

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

2. Whether the instant disposition is lawful

A. The gist of the Plaintiff’s assertion was as well as with Chinese mine business operators who have been mining from AB.

In this process, Chinese mine business operators murdered one person among Chinese mine business operators, and Chinese mine business operators murdered one person.

As such, Bana, who had cocopi farm, threatened the plaintiff to murder on the ground that he/she works together with Chinese mine business operators.

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 persecution 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 causes serious infringement or discrimination against the essential human dignity, including threats to life, body or freedom.

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