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(영문) 서울행정법원 2017.07.11 2017구단14628
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 November 9, 2014, the Plaintiff entered the Republic of Korea with tourism Tong (B-2) status on November 9, 2014, and applied for refugee status to the Defendant on November 19, 2014.

On February 27, 2017, the Defendant rendered a disposition not to approve 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 of persecution” as stipulated in Article 1 of the Refugee Convention and Article 1 of the Refugee Protocol.

【In the absence of any dispute, the Plaintiff participated in the demonstration after taking part in Gap's 1, 2, 3, and Eul's 1, 2, and 1, and 2, and the purport of the entire pleading as to whether the disposition of this case is legitimate.

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 who does not want to be protected of the country of nationality, or who, due to such fear, are unable to return to the country of residence in the Republic of Korea before entering the Republic of Korea, or who does not want to return to the country of nationality, or who has resided therein, shall be recognized as a refugee. “persecution” which is the requirement for recognition of a refugee refers to “any act causing serious infringement or discrimination against essential human dignity, including threats to life, body or freedom,” and a foreigner who files an application for recognition of a refugee shall prove that there is a “comfortable-founded fear

The above evidence and evidence Nos. 3 and 4 are written and all pleadings.

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