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(영문) 광주지방법원 2017.05.25 2017구단148
난민불인정처분취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Details of disposition;

A. On July 11, 2015, the Plaintiff, a foreigner of the nationality of the Republic of Silurido (hereinafter “Silurido”), entered the Republic of Korea as a short-term general (20 days of stay) sojourn status on July 23, 2015, and applied for refugee status to the Defendant on July 23, 2015.

B. On June 16, 2016, the Defendant issued a notification of refugee non-recognition (hereinafter “instant disposition”) to the Plaintiff on the ground that there is no “a well-founded fear of persecution,” which is a requirement for refugee status under Article 1 of the Convention on the Status of Refugees and Article 1 of the Protocol Relating to the Status of Refugees,” which is a requirement for refugee status.

C. On June 30, 2016, the Plaintiff filed an objection with the Minister of Justice on June 30, 2016, but was dismissed on October 27, 2016.

【Ground of recognition】 The fact that there is no dispute, Gap's 1, 3 evidence, Eul's 1 and 2, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion that the Plaintiff participated in the NGO organization and divided drugs into villages to prevent the spread of the NGO. However, the misuse of drugs led to the death of several persons among the villagers and the threat from their bereaved families, which led to the escape of the drugs. Therefore, the instant disposition that did not recognize it on a different premise is unlawful.

(b) Entry in the attached Form of relevant Acts and subordinate statutes;

C. In light of the following circumstances acknowledged by comprehensively taking account of the respective descriptions of evidence Nos. 2 and 1 and 2 as well as the purport of the entire arguments, it is difficult to view that the Plaintiff has “a well-founded fear of persecution on the grounds of race, religion, nationality, membership of a specific social group, or political opinion,” even if considering all evidence and alleged circumstances submitted by the Plaintiff. It is difficult to deem that the Plaintiff has “a well-founded fear of

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