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(영문) 서울행정법원 2016.11.11 2016구단13888
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 July 1, 2015, the Plaintiff entered the Republic of Korea with visa exemption (B-1) status around July 1, 2015, and applied for refugee recognition to the Defendant on November 20, 2015.

B. On December 9, 2015, 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 to the Minister of Justice on December 18, 2015, but the said objection was dismissed on March 23, 2016.

[Ground of recognition] Facts without dispute, Gap 1, 2 evidence, Eul 1, 2 and 5 evidence, the purport of the whole pleadings

2. Whether the disposition is lawful;

A. The plaintiff's assertion that the plaintiff, who was the largest of the plaintiff, demanded the government to sell the land that was received as a miscarriage from the Russian land against the government, and the plaintiff refused it and demanded the government to sell part of the profits of the purchaser's land, and threatened the plaintiff. The plaintiff's women were killed by Pussia.

In the event that the plaintiff returned to his home country, the disposition of this case which did not recognize the plaintiff as a refugee despite the possibility of persecutioning the above problem is 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 well-founded fear of being injured on the grounds of race, religion, nationality, membership of a particular social group or political opinion, are not entitled to protection of the country of nationality or do not want protection of the country of nationality, or due to such fear, before entering Korea.

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