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(영문) 서울행정법원 2018.06.19 2018구단60109
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 February 10, 2015, the Plaintiff entered the Republic of Korea with visa exemption (B-1) status on February 10, 2015, and applied for refugee status to the Defendant on February 17, 2015.

B. On March 17, 2017, the Defendant rendered a decision on refugee status refusal (hereinafter “instant disposition”) against 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 prescribed by Article 1 of the Convention on the Status of Refugees (hereinafter “Refugee Convention”) and Article 1 of the Protocol Relating to the Status of Refugees (hereinafter “Refugee Protocol”).

C. The Plaintiff dissatisfied with the instant disposition and filed an objection with the Minister of Justice on April 14, 2017, but the Minister of Justice dismissed the Plaintiff’s objection on December 7, 2017.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1 and 2, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion was threatened that the Plaintiff would murder if he did not join the organization from the Muslim belonging to the Islamic Republic of Islamic Republic of Korea.

In the event that the Plaintiff’s return to a country of nationality is likely to be killed by the slives of the above organization, 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 of the Refugee Act, Article 1 of the Refugee Convention, and Article 1 of the Refugee Protocol, a foreigner who, owing to well-founded fear of persecution for reasons of race, religion, nationality, membership of a particular social group, or political opinion, is unable or does not want the protection of the country of nationality, or who, owing 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, or who, owing to such fear, does not want to return to the country of nationality.

Here, refugee.

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