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(영문) 서울행정법원 2017.04.18 2016구단33448
난민불인정결정취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

Details of the disposition

On September 3, 2016, the Plaintiff entered the Republic of Korea with a short-term visit (C-3) sojourn status on September 3, 2016, and applied for refugee recognition to the Defendant on September 19, 2016.

On September 27, 2016, the Defendant rendered a disposition of non-approval of the Plaintiff’s application for refugee status (hereinafter “instant disposition”) on the ground that the Plaintiff’s assertion does not constitute “a well-founded fear of persecution” as stipulated in Article 1 of the Refugee Convention and Article 1 of the Refugee Protocol.

【In the absence of dispute, Gap's evidence Nos. 1 through 3, Eul's evidence Nos. 1 and 2, and the purport of the entire pleadings and the purport of the disposition of this case as to the legitimacy of the disposition of this case, the plaintiff's assertion that the plaintiff's assertion was legitimate. The plaintiff was urged to succeed to the president's position since his father who was the president of the village's culture and culture around 2016, and refused it, and the villages threatened the plaintiff to die.

For this reason, when the plaintiff returns home to his country, there is a high risk of suffering from the villagers.

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

Judgment

In full view of the provisions of subparagraph 1 of Article 2 and Article 18 of the Refugee Act, Article 1 of the Refugee Convention, and Article 1 of the Refugee Protocol, foreigners who, owing to 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 does not want to be protected of the country of nationality, or who, owing to such fear, are unable to return to the country of residence in the Republic of Korea before entering the Republic of Korea, or who does not want to return to the country of nationality, or who does not want to be protected of the country of nationality, shall be recognized as a refugee, and “persecution” which is the requirement for recognition of a refugee, shall be “any act causing serious infringement or discrimination

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