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(영문) 서울행정법원 2017.11.29 2017구단26331
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 15, 2015, the Plaintiff entered the Republic of Korea with a short-term visit (C-3) sojourn status on a short-term basis, and applied for refugee recognition to the Defendant on February 29, 2016.

B. On October 31, 2016, the Defendant rendered a decision on the recognition of refugee status (hereinafter “instant disposition”) to the Plaintiff on the ground that the Plaintiff’s assertion does not constitute a case of “a well-founded fear that would be subject to persecution” as a refugee requirement under Article 1 of the Convention on the Status of Refugees and Article 1 of the Protocol Relating to the Status of Refugees.

C. On November 11, 2016, the Plaintiff filed an objection with the Minister of Justice, but the said objection was dismissed on April 21, 2017.

[Reasons for Recognition] Facts without dispute, Gap 3, 4 evidence, Eul 1 and 2 evidence, and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion was threatened with murder from the PP party members by supporting the PL-N party in the country of nationality.

Therefore, the defendant's disposition of this case which did not recognize the plaintiff as a refugee despite high possibility that the plaintiff would be subject to gambling when he returns to the country of nationality is illegal.

B. 1) The term “refugee” means a foreigner who is unable or does not want to be protected due to well-founded fear that he/she may be harmed on the grounds of race, religion, nationality, status as a member of a specific social group, or political opinion, or a foreigner who is not able to return to, or does not want to return to, the country of his/her residence in the Republic of Korea due to such fear (Article 2 Subparag. 1) (Article 2 Subparag. 2 of the Refugee Act). The term “persecution” which serves as a requirement for refugee recognition refers to “any act causing serious infringement or discrimination against essential human dignity, including threats to life, body, or freedom,” and there is a sufficient ground for such persecution.

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