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(영문) 서울행정법원 2018.04.03 2017구단76350
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 July 14, 2016, the Plaintiff entered the Republic of Korea with a short-term visit (C-3) status on July 14, 2016, and applied for refugee status to the Defendant on October 4, 2016.

B. On October 18, 2016, the Defendant rendered a decision to deny refugee status (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 stipulated in 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”).

C. The Plaintiff dissatisfied with the instant disposition and filed an objection with the Minister of Justice on October 21, 2016, but the Minister of Justice dismissed the Plaintiff’s objection on June 8, 2017.

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

2. Whether the instant disposition is lawful

A. The Plaintiff asserted that he/she had been residing in the Eduna region of Eduna City of Eduna as of Eduna from Eduna, but was engaged in business. However, on March 23, 2016, Bocopi caused a bomb terrorism in the above region, and killed people in a non-discriminatory manner.

If the plaintiff returned to his country of nationality, the disposition of this case which did not recognize the plaintiff as a refugee is unlawful even though there is a high possibility that the plaintiff might sacrifice the terrorist attack of Bobi.

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 to be protected of the country of nationality or does not want the protection of the country of nationality, or due to such fear, cannot return to the country in which he resided before entering the Republic of Korea.

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