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(영문) 서울행정법원 2017.09.08 2017구단20036
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 March 1, 2013, the Plaintiff entered the Republic of Korea with a short-term visit (C-3) sojourn status on March 1, 2013, and applied for refugee status to the Defendant on December 14, 2015.

B. On May 11, 2016, 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 May 12, 2016, but the said objection was dismissed on the same ground as of April 21, 2017.

[Reasons for Recognition] Facts without dispute, Gap 1, 2, Eul 1's each entry and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion is the head of the Plaintiff, and when 16 years of age, female fluor was dead, and female fluor was pregnant and tried to marry.

However, it is threatening to assault and kill the plaintiff on the ground that a woman-friendly her mother who became aware of the pregnancy of a female-friendly her mother has taken care of another person's system and taken pregnancy.

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” refers to a foreigner who is unable or does not want to be protected by the country of nationality due to well-founded fear that he/she may be harmed 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 resided before entering the Republic of Korea (Article 2 subparag. 1. 2 of the Refugee Act).

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