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(영문) 서울행정법원 2017.11.17 2017구단26775
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 26, 2011, the Plaintiff entered the Republic of Korea with a short-term visit (C-3) sojourn status on a short-term visit (C-3), and applied for refugee status to the Defendant on June 29, 2015.

B. On May 18, 2016, the Defendant rendered a decision on the recognition of refugee status (hereinafter “instant disposition”) to the Plaintiff on the ground that the Plaintiff’s assertion does not constitute a case of “a well-founded fear that would be subject to persecution” as a requirement of refugee under Article 1 of the Convention on the Status of Refugees and Article 1 of the Protocol on the Status of Refugees.

C. The Plaintiff filed an objection with the Minister of Justice on May 19, 2016, but the said objection was dismissed on June 8, 2017.

[Reasons for Recognition] Facts without dispute, Gap 3, 4 evidence, Eul 1 and 2 evidence, and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion is Czedo, and around June 2008, the Plaintiff joined as a party member of the Akali Dal, a political party representing Czedo, and was engaged in rupture activities. As a result, India’s U.S. political party was subject to attention and checks from the National Assembly of Korea, and on December 15, 2010, the Plaintiff was subject to collective assault from the members of the National Assembly, a party representing Czedo.

Even thereafter, the Plaintiff received a letter of intimidation from the political party of the National Assembly that “Iknife from the Aknife Month and vice versa,” and the Plaintiff received a letter of intimidation that “Iknife in the Sknife by an Annife,” “Ignife” even from the b

Therefore, the defendant's disposition of this case which did not recognize the plaintiff as a refugee despite high possibility that the plaintiff would be subject to gambling when he returns to the country of nationality is illegal.

B. 1 The term “refugee” means that a person is unable to be protected by the country of nationality due to well-founded fear of recognizing 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.

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