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(영문) 서울행정법원 2017.11.10 2017구단72211
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 September 16, 2014, the Plaintiff entered the Republic of Korea with a short-term visit (C-3) status on short-term stay on September 16, 2014, and applied for refugee status to the Defendant on January 31, 2017.

B. On February 6, 2017, the Defendant rendered a decision on the recognition of refugee status (hereinafter “instant disposition”) 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 requirement of refugee under Article 1 of the Convention on the Status of Refugees and Article 1 of the Protocol on the Status of Refugees.

C. The Plaintiff filed an objection with the Minister of Justice on March 3, 2017, but the said objection was dismissed on the same ground as on July 18, 2017.

[Reasons for Recognition] Facts without dispute, Gap 1, 3 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 is a parasistist, and the plaintiff has lost his family due to terrorism of Bocosom, and the plaintiff is also likely to be attacked against Bocosom.

In addition, Austria has serious disputes between Muslim and Eslimian, and there are many disputes arising due to Eslima, and people in the Eastern region are conducting a separate independent movement.

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 by the country of nationality due to well-founded fear to recognize that he/she may be injured on the grounds of race, religion, nationality, status as a member of a particular social group, or political opinion, or a stateless foreigner who, due to such fear, is unable or does not want to return to the country in which he/she had resided before entering the Republic of Korea (Article 2 subparag. 1.2 of the Refugee Act).

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