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(영문) 서울행정법원 2017.09.27 2017구단67523
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 November 19, 2003, the Plaintiff entered the Republic of Korea with the status of non-professional employment (E-9) status as an alien of the Republic of Korea nationality, and applied for refugee status to the Defendant on July 27, 2016.

B. On August 29, 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. The Plaintiff appealed and filed an objection with the Minister of Justice on October 7, 2016, but the Minister of Justice dismissed the Plaintiff’s objection on July 18, 2017.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence Nos. 1 and 2, and the purport of the whole pleadings

2. Whether the disposition is lawful;

A. The purport of the Plaintiff’s assertion was that the Plaintiff was killed and wounded on the ground that he opposed to the unilateral land expropriation in the Philippines and engaged in social democracy movement.

Therefore, if the Plaintiff returned to the Philippines, it shall be deemed that there is a risk of persecution, and the instant disposition, which did not recognize the Plaintiff as a refugee, should be deemed unlawful.

B. In full view of the provisions of Article 2 subparag. 1 and Article 18 of the 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 or do not want the protection of the country of nationality, or who, owing to such fear, cannot return to or do not want to return to the country of nationality, which had resided in the Republic of Korea before entering the Republic of Korea, should be recognized as a refugee, and the requirements for recognition of refugee.

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