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(영문) 서울행정법원 2017.09.21 2017구단63040
난민불인정결정취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The Plaintiff entered Korea on July 4, 2016 as a foreigner of the nationality of the Republic of Naria (hereinafter referred to as “Naria”) and applied for refugee status to the Defendant on July 13, 2016, after entering Korea as a short-term visit (C-3).

On August 22, 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”).

On September 20, 2016, the Plaintiff received a notice of decision on non-recognition of refugee status and raised an objection to the Minister of Justice on October 19, 2016, but was dismissed on April 21, 2017.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3, Gap evidence No. 4-1, 2, Eul evidence Nos. 1, 2 and 4, the purport of the whole pleadings

2. Whether the disposition is lawful;

A. On May 30, 2016, the gist of the Plaintiff’s assertion was to participate in an open Bafra demonstration, as a member of an organization claiming the separation independence of the Republic of Ageia Biafra (Non-Afra).

The police attempted to escape from the arrest of the police.

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 a well-founded fear of persecution for reasons 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, owing to such fear, do not want to be protected of the country of nationality, or who, owing to such fear, were unable to return to the country of nationality or who resided in the country of nationality before entering the Republic of Korea, or who did not want to return to the country of nationality, shall be recognized as a refugee, and

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