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(영문) 서울행정법원 2017.09.20 2017구단21015
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 September 27, 2016, the Plaintiff entered the Republic of Korea with a short-term visit (C-3) status on September 27, 2016, and applied for refugee recognition to the Defendant on October 11, 2016.

B. On October 26, 2016, the Defendant rendered a disposition to deny the Plaintiff’s application for refugee status (hereinafter “instant disposition”) on the ground that the Plaintiff’s assertion to the Plaintiff 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.

C. The Plaintiff dissatisfied with the instant disposition and filed an objection against the Minister of Justice on November 22, 2016, but the Minister of Justice dismissed the objection on April 21, 2017.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence Nos. 1 and 2, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff asserted that the Plaintiff purchased the land from a large Arabic area around 2014, and thereafter, the Plaintiff refused to sell the land again.

Since then, the Plaintiff was threatened with the fact that the Plaintiff was tending the Monmon, that the body was unable to wear the Monmon, and that the Plaintiff would die from the big Rondo.

On February 2, 2015, the Plaintiff walked a path on the right side, but three persons, per se, fled in forests and walked to get the Plaintiff.

For this reason, the disposition of this case which did not recognize the plaintiff as a refugee even though the plaintiff could be affected by gambling when he returns home to his country is illegal.

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 who are unable to obtain protection of the country of nationality or do not want the protection of the country of nationality due to well-founded fear of being injured on the grounds of race, religion, nationality, membership of a particular social group or political opinion, or by such fear.

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