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(영문) 서울행정법원 2017.07.11 2017구단15447
난민불인정결정취소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

Details of the disposition

On September 7, 2015, the Plaintiff entered the Republic of Korea with the tourism conference (B-2) status on September 7, 2015, and applied for refugee recognition to the Defendant on October 5, 2015.

On April 15, 2016, the Defendant rendered a disposition to deny the Plaintiff’s application for refugee status (hereinafter “instant disposition”) on the ground that the Plaintiff’s assertion does not constitute “a well-founded fear that would be subject to persecution” as stipulated in Article 1 of the Refugee Convention and Article 1 of the Refugee Protocol.

The Plaintiff dissatisfied with the instant disposition and filed an objection with the Minister of Justice on April 22, 2016, but the said objection was dismissed on the same ground as December 22, 2016.

【In the absence of any dispute, the Plaintiff’s summary of the Plaintiff’s assertion as to the legitimacy of the instant disposition in Egypt, as to the fact that there was no dispute, Gap’s 1-4 evidence, Eul’s 1-1 evidence, and the purport of the entire pleadings.

In 2014, the Sllim-type group demanded the Plaintiff to lend the maintenance facility to the meeting place, but the Plaintiff rejected it.

Accordingly, the sllim-type group used the plaintiff to assault and threaten the plaintiff at the same time.

For this reason, the plaintiff's return to his country is highly likely to be harmful to gambling.

Therefore, the instant disposition that did not recognize the Plaintiff as a refugee is unlawful.

Judgment

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 who, owing to well-founded fear of persecution for reasons of race, religion, nationality, membership of a particular social group, or political opinion, are unable to be protected of the country of nationality or do not want to be protected of the country of nationality, or a state of nationality who, owing to such fear, is unable to return to, or does not want to return to, the country of nationality, which had resided in the Republic of Korea before entering the Republic of Korea, should be recognized as a refugee, and “persecution” which is a requirement for

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