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(영문) 서울행정법원 2018.06.22 2018구단60444
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 May 13, 2017, the Plaintiff entered the Republic of Korea with a short-term visit (C-3) status on short-term stay on May 13, 2017, and applied for refugee status to the Defendant on May 24, 2017.

B. On June 13, 2017, the Defendant rendered a decision on the recognition of refugee status (hereinafter “instant disposition”) to the Plaintiff on the ground that the Plaintiff’s assertion does not constitute a case of “a well-founded fear that would be subject to persecution” as a requirement of refugee under Article 1 of the Convention on the Status of Refugees and Article 1 of the Protocol on the Status of Refugees.

C. The Plaintiff filed an objection with the Minister of Justice on June 28, 2017, but the said objection was dismissed on the same ground as December 7, 2017.

[Reasons for Recognition] Facts without dispute, Gap 1, 2, Eul 1, 2 and 11, each entry and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. There is conflict between the English and French regions in the plaintiff's argument, and the English sphere area has been discriminated against compared to the French sphere area.

Accordingly, people in English areas oppose discrimination in English areas, make a demonstration requiring independence in English areas, and the plaintiffs also made December 5, 2016 and the same month.

8. The police participated in the demonstration, and thus, the plaintiff is tracking it.

Therefore, the defendant's disposition of this case which did not recognize the plaintiff as a refugee despite high possibility that the plaintiff would be subject to gambling when he returns to the country of nationality is illegal.

B. 1 The term “refugee” refers to a foreigner who is unable or does not want to be protected by the country of nationality due to well-founded fear to recognize that he/she may be injured on the grounds of race, religion, nationality, status as a member of a particular social group, or political opinion, or a foreigner who is unable or does not want to be protected by such fear to return to the country in which he/she had resided before entering the Republic of Korea,

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