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(영문) 서울행정법원 2017.10.17 2017구단65435
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 July 2, 2016, the Plaintiff entered the Republic of Korea with a short-term visit (C-3) sojourn status on July 2, 2016, and applied for refugee recognition to the Defendant on July 11, 2016.

On September 22, 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 that would be subject to persecution” as stipulated in Article 1 of the Refugee Convention and Article 1 of the Refugee Protocol.

The Plaintiff dissatisfied with the instant disposition and filed an objection with the Minister of Justice on October 14, 2016, but the said objection was dismissed on April 21, 2017.

【Ground of recognition” without any dispute, Gap evidence Nos. 1 through 4, Eul evidence Nos. 1 and 2, and the purport of the entire pleadings and the purport of the disposition of this case as to whether the disposition of this case is legitimate or not, the plaintiff’s assertion was established in the Southern East Eastern of 1967, but was absorbed into Maria on January 15, 1970.

The Plaintiff joined IPB as an independent movement organization, and participated in the demonstration around October 20, 2015, as an independent movement agent, such as taking part in the demonstration on or around October 2015.

For this reason, the plaintiff's return to his country is highly likely to be harmful to gambling.

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 do not want to be protected of the country of nationality, or who, owing to such fear, cannot return to or does not want to return to the country in which they resided before entering the Republic of Korea, shall be recognized as refugee.

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