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(영문) 서울행정법원 2017.11.28 2017구단31234
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. The plaintiff is well-known.

A foreigner of nationality entered the Republic of Korea on October 11, 2015, and applied for refugee status to the defendant on October 21, 2015.

B. On February 11, 2016, the Defendant rendered a disposition of non-recognition of refugee status (hereinafter “instant disposition”) to the Plaintiff on the ground that the Plaintiff cannot be deemed as having “a sufficiently-founded fear of persecution” as stipulated in Article 1 of the Convention on the Status of Refugees and Article 1 of the Protocol Relating to the Status of Refugees.

C. On March 14, 2016, the Plaintiff filed an objection with the Minister of Justice, but the objection was dismissed on June 8, 2017.

[Ground of recognition] Evidence Nos. 1 through 4, Evidence Nos. 1 through 4, and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The gist of the Plaintiff’s assertion was that the Plaintiff participated in the demonstration as a sponsor of the FDC Party in his own country.

It seems that the plaintiff suffered difficulties in the business due to fire in the factory operated by the plaintiff, and the Mama-gun is thought to be the reason that the plaintiff supports the F CD party.

The plaintiff experienced a lot of difficulties in his own country and experienced a threat of life.

Nevertheless, the instant disposition that did not recognize the Plaintiff as a refugee 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 in the Republic of Korea who are unable to be protected by the country of nationality or who do not want to be protected by the country of nationality due to well-founded fear of persecution for reasons of race, religion, nationality, membership of a particular social group, or political opinion, should be recognized as refugee, and “persecution” which is a requirement for recognition of refugee refers to “any act causing serious infringement or discrimination against essential human dignity, including threats to life, body or freedom.” Thus, an application for recognition of refugee status is filed.

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