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(영문) 서울행정법원 2017.04.19 2017구단2892
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 entered the Republic of Korea on a short-term visit (C-3) on February 20, 2016, and applied for refugee status to the Defendant on March 15, 2016, after having entered the Republic of Korea on a short-term visit (C-3).

B. On April 12, 2016, the Defendant issued a disposition to recognize refugee status (hereinafter “instant disposition”) on the ground that the Plaintiff cannot be deemed as having “a well-founded fear that the Plaintiff would suffer from persecution” as stipulated in Article 1 of the Convention on the Status of Refugees (hereinafter “Refugee”) and Article 1 of the Protocol Relating to the Status of Refugees (hereinafter “Refugee Protocol”).

C. The Plaintiff appealed and filed an objection with the Minister of Justice on May 10, 2016, but the Minister of Justice dismissed the Plaintiff’s objection on December 22, 2016.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, and purport of the whole pleadings

2. Whether the disposition is lawful;

A. Terrorism threats by Islamic countries (IS) exist in areas adjacent to Italian and adjacent to the territory of the Republic of Korea where the Plaintiff resides in the main point of the Plaintiff’s assertion.

In fact, the plaintiff's Sari village was kidnapped to the members of Islamic countries.

Therefore, it shall be deemed that there is a risk of persecution in the event that the Plaintiff returned to Hadar, and the instant disposition that the Plaintiff did not recognize as a refugee should be deemed 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 who, owing to a well-founded fear of persecution for reasons of race, religion, nationality, membership of a particular social group, or political opinion, are unable or do not want the protection of the country of nationality, or who, owing to such fear, cannot return to or do not want to return to the country of nationality that had resided before entering the Republic of Korea.

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