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(영문) 서울행정법원 2017.06.14 2017구단9503
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 8, 2007, the Plaintiff entered the Republic of Korea with a short-term visit (C-3) sojourn status on a short-term basis, and applied for refugee status to the Defendant on January 17, 2014.

B. On December 3, 2015, 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 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 January 12, 2016, but the Minister of Justice dismissed the objection on June 30, 2016.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3, Eul evidence No. 1, Eul evidence No. 2-1, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. Around 2012, the Plaintiff asserted that the Plaintiff sold and remitted money to the Plaintiff’s husband to assist the Plaintiff’s husband located in Korea, but the Plaintiff, who became aware of this fact, brought an objection against the husband of the Plaintiff, and the Plaintiff did not have any dispute, and the husband of the Plaintiff died due to the Plaintiff’s loss.

As a soldier was the husband of the Sindoe, the husband of the plaintiff was the perpetrator, and the plaintiff and the family members of the plaintiff were not able to return to their own.

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 their country of nationality or do not want the protection of their 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.

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