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(영문) 서울행정법원 2018.04.25 2017구단17030
난민불인정결정취소
Text

1. On May 30, 2016, the Defendant’s disposition revoking refugee status recognition made against the Plaintiff.

2. The costs of the lawsuit are assessed against the defendant.

Reasons

1. Details of the disposition;

A. On August 25, 2011, the Plaintiff entered the Republic of Korea on August 25, 201 and applied for refugee recognition to the Defendant on April 11, 2016.

B. On May 30, 2016, the Defendant issued a disposition to recognize refugee status (hereinafter “instant disposition”) on the ground that the Plaintiff cannot be deemed as having “a well-founded fear that the Plaintiff would suffer from persecution” as stipulated in Article 1 of the Convention on the Status of Refugees (hereinafter “Refugee”) and Article 1 of the Protocol Relating to the Status of Refugees (hereinafter “Refugee Protocol”).

C. On June 30, 2016, the Plaintiff filed an objection with the Minister of Justice, but was dismissed on February 24, 2017.

[Ground of recognition] Evidence Nos. 1 through 4, Evidence Nos. 1 through 3, and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The gist of the Plaintiff’s assertion was the Islamic curriculum, and the Plaintiff entered the Republic of Korea on August 25, 201 and began to enter the church from December 25, 2011, and entered the church. On March 27, 2016, the Plaintiff was transferred to the lag Germany by receiving the three lag rule.

However, in Islamic schools, however, gambling people in Islamic schools from Islamic countries to gambling.

Therefore, the disposition of this case in which the plaintiff did not recognize the plaintiff as a refugee even though he could not return to his home country is unlawful.

B. In full view of the relevant legal principles and Article 1 and Article 2 subparag. 1 of the Refugee Act, Article 1 of the Refugee Convention, and Article 1 of the Refugee Protocol, the Minister of Justice does not want to return to, or refuse to return from, a foreigner who, owing to a well-founded fear of persecution for reasons of race, religion, nationality, membership of a particular social group, or political opinion, is unable or unable to be protected by the country of nationality or who, owing to such fear, does not want to return to the country in which he/she had resided before entering

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