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(영문) 서울고등법원 2018.01.18 2017누74803
난민불인정결정취소
Text

1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

Details of the disposition

The Plaintiff entered the Republic of Korea on July 15, 2010, as a foreigner of Islamic Republic of Islamic (hereinafter referred to as “A”), and applied for refugee status to the Defendant on May 27, 2016.

On June 7, 2016, the Defendant rendered a disposition to recognize refugee status (hereinafter “instant disposition”) against the Plaintiff on the ground that the Plaintiff’s assertion does not constitute a case where there is a well-founded fear that the Plaintiff would suffer 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.

On July 18, 2016, the Plaintiff filed an objection with the Minister of Justice, but the said objection was dismissed on October 27, 2016.

【The ground for recognition】 The Plaintiff’s assertion as to whether the disposition of this case was legitimate or not, and the Plaintiff’s assertion as to whether there was no dispute, Gap’s evidence Nos. 1, 2, and Eul’s evidence Nos. 1, 2, and 1, and 2, and the overall purport of the pleading was lawful. The Plaintiff’s assertion was known to Eul’s family members.

Therefore, the defendant's disposition of this case which did not recognize the plaintiff as a refugee is unlawful even if the plaintiff's return to Eul is highly likely to be detrimental to gambling for religious reasons.

It shall be as shown in the attached Form of the relevant statutes.

Judgment

In full view of the provisions of Article 1, Article 2 subparag. 1 and Article 18 of the Refugee Act, Article 1 of the 1951 Convention Relating to the Status of Refugees, Article 1 of the 1967 Protocol Relating to the Status of Refugees, and Article 1 of the 1967 Protocol Relating to the Status of Refugees, the Minister of Justice shall recognize a foreigner in the Republic of Korea who is unable to be protected or does not want the protection of the country of his/her nationality due to well-founded fear of persecution for reasons of race, religion, nationality, membership of

At this time, the term "persecution", which is a requirement for recognition of refugee status, includes threats to life, body or freedom.

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