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(영문) 서울행정법원 2017.03.30 2017구단52798
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 October 26, 2014, the Plaintiff entered Korea as a foreigner of the nationality of the Republic of ASEAN (hereinafter referred to as “Naria”), and applied for refugee status to the Defendant on November 18, 2014, after entering Korea as a short-term visit (C-3) sojourn status.

B. On January 29, 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 well-founded fear of persecution” as stipulated in Article 1 of the Convention on the Status of Refugees (hereinafter referred to as “Refugee Agreement”) and Article 1 of the Protocol Relating to the Status of Refugees (hereinafter referred to as “Refugee Protocol”).

C. On February 22, 2016, the Plaintiff filed an objection with the Minister of Justice on February 22, 2016, but was dismissed on October 27, 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 gist of the Plaintiff’s assertion was that the Plaintiff joined a political party of the PPA around 2010 and served as B.

From around 2014, the illegal election of the APGA Party was involved in an election, and the plaintiff participated in the demonstration against it, and the plaintiff was arrested and detained for a period of seven months.

Since the plaintiff did not attend the trial thereafter, there is a risk of re-Arrest if he returns to his home country.

The instant disposition that did not recognize the Plaintiff as a refugee is unlawful.

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 harmed by reasons of race, religion, nationality, membership of a particular social group or political opinion, are not entitled to protection of the country of nationality or do not want protection of the country of nationality, or due to such fear.

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