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(영문) 서울행정법원 2018.11.06 2018구단10265
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 December 16, 2008, the Plaintiff entered the Republic of Korea with the status of non-professional employment (E-9), and applied for refugee status to the Defendant on January 26, 2017.

B. On March 29, 2018, the Defendant rendered a decision on refugee status refusal (hereinafter “instant disposition”) against 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 prescribed by Article 1 of the Convention on the Status of Refugees (hereinafter “Refugee Convention”) and Article 1 of the Protocol Relating to the Status of Refugees (hereinafter “Refugee Protocol”).

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

2. Whether the instant disposition is lawful

A. The plaintiff's assertion has been changed from the sweak school during his stay in the Republic of Korea to the sweak school. The sweak government legally prohibits its citizens from sweaking to the sweak school, and is subject to criminal punishment in violation of this provision.

In the event that the plaintiff returned to a country of nationality, the disposition of this case which did not recognize the plaintiff as a refugee despite the possibility of persecution in the above circumstances is unlawful.

B. In full view of the provisions of Article 2 subparag. 1 of the Refugee Act, Article 1 of the Refugee Convention, and Article 1 of the Refugee Protocol, a foreigner who, owing to well-founded fear of persecution for reasons of race, religion, nationality, membership of a particular social group, or political opinion, is unable or does not want the protection of the country of nationality, or who, owing to such fear, is unable or does not want to return to the country in which he/she resided before entering the Republic of Korea, or who, owing to such fear, does not want to return to the country of nationality.

Here, "persecution", which is a requirement for recognition of refugee status, is a threat to life, body, or freedom.

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