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(영문) 서울행정법원 2017.04.27 2017구단3505
난민불인정결정취소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. On April 3, 2016, the Plaintiff entered the Islamic Republic of AfIstan (hereinafter referred to as “AfIstan”) as a foreigner of nationality, and applied for refugee status to the Defendant on April 20, 2016, after entering the country of short-term visit (C-3).

On August 2, 2016, the Defendant rendered a disposition of non-recognition of refugee status (hereinafter referred to as “instant disposition”) on the ground that the Plaintiff’s assertion does not constitute “a sufficiently-founded fear that it would be detrimental to the State,” as stipulated in Article 1 of the Convention on the Status of Refugees (hereinafter referred to as the “Refugee”) and Article 1 of the Protocol Relating to the Status of Refugees (hereinafter referred to as the “Refugee Protocol”).

On August 18, 2016, the Plaintiff received a notice of decision on non-recognition of refugee status and filed an objection with the Minister of Justice on September 12, 2016, but was dismissed on the same ground as on December 22, 2016.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 4, Eul evidence 1 to 3, the purport of the whole pleadings

2. Whether the disposition is lawful;

A. The key point of the Plaintiff’s assertion was that the construction company, in which the Plaintiff had worked in the home country, threatened the police station to set up the police station.

The plaintiff and the lelebal were punished by the total attack, and at that time the plaintiff's lebal relationship died.

In the event that the plaintiff returned to his own country, the disposition of this case which did not recognize the plaintiff as a refugee is unlawful even though the plaintiff could have been killed from the lelebs.

(b) In full view of the provisions of Article 2 subparag. 1 and Article 18 of the former Refugee Act, Article 1 of the Refugee Convention, and Article 1 of the Refugee Protocol, foreigners 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 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, before entering Korea.

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