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(영문) 서울행정법원 2017.11.02 2017구단70604
난민불인정결정취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. On May 30, 2016, the Plaintiff entered the Republic of Austria (hereinafter referred to as “Naria”) as a foreigner of nationality, and applied for refugee status to the Defendant on June 16, 2016.

On July 11, 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 prejudicial to persecution” 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”).

The Plaintiff received a notice of decision on non-recognition of refugee status on July 20, 2016 and filed an objection with the Minister of Justice on August 16, 2016, but was dismissed on the same ground as of April 21, 2017.

On June 15, 2017, the Plaintiff received a notice of decision to dismiss an objection.

[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 believed to believe that the Plaintiff’s family member was traditional religion B, and the Plaintiff was married to the Dominology from around 2006.

On January 2016, when the Plaintiff’s son becomes a head of B’s son, the Plaintiff, as well as the son, forced the Plaintiff to believe traditional religion, and detained, threatened, and threatened the Plaintiff.

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

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