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(영문) 서울행정법원 2017.10.19 2017구단25246
난민불인정결정취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. On February 20, 2016, the Plaintiff entered the Republic of four arms (hereinafter referred to as the “NE”) as a foreigner of the nationality of the Republic of four arms (hereinafter referred to as “NEM”) and applied for refugee status to the Defendant on May 10, 2016.

On October 31, 2016, the Defendant rendered a disposition of non-recognition of refugee status (hereinafter referred to as “instant disposition”) to the Plaintiff on the ground that the Plaintiff’s assertion does not constitute “a sufficiently-founded fear that it would be prejudicial to persecution” as stipulated in Article 1 of the Convention on the Status of Refugees (hereinafter referred to as “Refugee”) and Article 1 of the Protocol Relating to the Status of Refugees (hereinafter referred to as “Refugee Protocol”).

On October 31, 2016, the Plaintiff filed an objection with the Minister of Justice on October 31, 2016, but was dismissed on July 8, 2017.

[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 disposition is lawful;

A. The gist of the Plaintiff’s assertion was from four arms to twenty-four (24) years of service, and around April 2002, the Plaintiff reported the organization of Maststa, an illegal organization, and died during the process of being arrested and investigated by its member.

In addition, at the time of the Korean War as a soldier, the plaintiff killed 17 persons from the Mast-gun.

For this reason, there was a need to avoid intimidation from masts, and around 2002, masts suffered bodily injury in line with the mine installed by masts, and masts failed to make intimidation, and paid for several times.

(b) In full view of the provisions of Article 2 subparag. 1 and Article 18 of the former Refugee Act, Article 1 of the Refugee Convention, and Article 1 of the Refugee Protocol, foreigners who are unable to obtain protection of their nationality or do not want the protection of their country of nationality due to a well-founded fear of persecution for reasons of race, religion, nationality, membership of a particular social group or political opinion, or such.

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