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(영문) 서울행정법원 2017.07.19 2017구단59010
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 May 2, 2016, the Plaintiff entered the Republic of Korea with a short-term visit (C-3) sojourn status on May 2, 2016, and applied for refugee status to the Defendant on May 12, 2016.

B. On May 31, 2016, the Defendant rendered a disposition to deny 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.

C. The Plaintiff dissatisfied with the instant disposition and filed an objection against the Minister of Justice on June 22, 2016, but the Minister of Justice dismissed it on December 22, 2016.

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

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion presented by the Plaintiff played a role in cultivating friendship, sublimeing, and sacrificing the sacrifice as a village’s satisfaction.

On March 25, 2016, when the plaintiff's 's 's 's 's 's 's 's 's 's 's 's 's 's 's '

From around 2012, the Plaintiff resided in the field where he had suffered damage from the territorial threat, but at around 2014, the Plaintiff was able to be involved in the accident due to the territorial threat, and the Plaintiff’s mother and her mother were killed due to the territorial threat.

For this reason, the disposition of this case which did not recognize the plaintiff as a refugee even though the plaintiff could be affected by gambling when he returns home to his country is illegal.

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, the protection of the country of nationality cannot be protected due to well-founded fear of being injured on the grounds of race, religion, nationality, membership of a particular social group or political opinion, or the protection of the country of nationality.

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