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(영문) 서울행정법원 2018.10.24 2018구단13806
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 January 3, 2017, the Plaintiff entered the Republic of Korea with a short-term visit (C-3) status on a short-term basis on January 3, 2017, and applied for refugee recognition to the Defendant on January 10, 2017.

B. On September 8, 2017, the Defendant rendered a decision to deny refugee status (hereinafter “instant disposition”) 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 Relating to the Status of Refugees.

C. On September 25, 2017, the Plaintiff filed an objection with the Minister of Justice on September 25, 2017, but was dismissed on June 12, 2018.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3, Eul evidence Nos. 1 and 2, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. Around November 2016, the gist of the Plaintiff’s assertion was that the Plaintiff had been under detention by the police who had participated in the anti-government demonstration against the discrimination against the residents in the English territory in Canada, and accordingly, the Plaintiff was under detention.

Afterwards, the plaintiff was deprived of water level, but is still subject to tracking by the police in Kamera.

Therefore, the disposition of this case which did not recognize a plaintiff as a refugee on a different premise is unlawful, since there is a well-founded fear that the plaintiff would be subject to gambling by the Kamercian government, if the plaintiff returned to the Republic of Korea with Kamerc.

B. 1 The term “refugee” means 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 who does not want to return to the country in which he/she resided before entering the Republic of Korea due to such fear.

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