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(영문) 서울행정법원 2018.01.10 2017구단32770
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 14, 201, the Plaintiff entered the Republic of Korea on February 14, 201, and applied for refugee recognition to the Defendant on November 30, 2015.

B. On January 29, 2016, the Defendant rendered a disposition of non-recognition of refugee status (hereinafter “instant disposition”) to the Plaintiff 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 on the Status of Refugees.

C. On February 23, 2016, the Plaintiff filed an objection with the Minister of Justice, but was dismissed on July 18, 2017.

[Ground of recognition] Evidence Nos. 1 through 4, Evidence Nos. 1 through 5, and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The summary of the Plaintiff’s assertion was a member of BNP (Bangdeh NL) party in his own country, and on November 1, 2008, the Plaintiff reported to the police the monetary receipt of the party members to the AL (Awam Lea value) party, the opposing party, promoting the general election on November 1, 2008.

In this regard, violence was committed against members of the AL party in their home country.

On February 5, 2014, one of the persons detained due to the plaintiff's complaint made intimidation, such as that the plaintiff would return multiple persons to prisons of the plaintiff.

Therefore, the plaintiff is at risk of being killed if he returns to his own country.

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 a well-founded fear of persecution for reasons 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 is life-long.

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