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(영문) 서울행정법원 2017.11.02 2017구단71454
난민불인정결정취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. On March 19, 2016, the Plaintiff filed an application for refugee status with the Defendant on August 2, 2016, after entering the Republic of Austria (hereinafter referred to as “Naria”) as a foreigner of nationality, and after the expiration of the period of stay (C-3 April 23, 2016).

On August 19, 2016, the Defendant rendered a disposition of non-recognition of refugee status (hereinafter referred to as “instant disposition”) to the Plaintiff on the ground that the Plaintiff’s assertion does not constitute “a sufficiently-founded fear that it would be prejudicial to persecution” as stipulated in Article 1 of the Convention on the Status of Refugees (hereinafter referred to as “Refugee”) and Article 1 of the Protocol Relating to the Status of Refugees (hereinafter referred to as “Refugee Protocol”).

On September 23, 2016, the Plaintiff received a notice of decision on non-recognition of refugee status and raised an objection to the Minister of Justice on the same day, but was dismissed on April 21, 2017.

The Plaintiff received a written notice of rejection of the objection on June 13, 2017.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence Nos. 1, 2, 4, and 5, the purport of the whole pleadings

2. Whether the disposition is lawful;

A. The gist of the Plaintiff’s assertion was from around 2014, when the Plaintiff resided in the St-Hcurt. Around 2014, the Plaintiff proposed that the Ntimta Avengers, a regional armed forces group, join the Plaintiff and join the organization. The Plaintiff refused it, thereby threatening the organization’s refusal, and threatening it with a deadly weapon.

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, a foreigner who, owing to well-founded fear of being injured on the grounds of race, religion, nationality, membership of a particular social group or political opinion, is unable to be protected of the country of nationality or does not want the protection of the country of nationality, or due to such fear, has resided in Korea before entering Korea.

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