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(영문) 서울행정법원 2017.11.07 2017구단70543
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 February 26, 2016, the Plaintiff entered the Republic of Korea with a short-term visit (C-3) status on a short-term visit on February 26, 2016, and applied for refugee recognition to the Defendant on March 11, 2016.

On June 23, 2016, the Defendant rendered a disposition not to approve 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 of 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 July 27, 2016, but the said objection was dismissed on April 21, 2017.

[Ground of recognition] In the absence of dispute, Gap's evidence Nos. 1 through 4, Eul's evidence Nos. 1 and 2, and the purport of the whole pleading as to whether the disposition of this case is legitimate or not, the main point of the plaintiff's assertion is that the plaintiff's father's father's high village, which has contributed to the lectures of the majority's adult male to his/her lectures, and

The plaintiff's family literature is one of the main family affairs of the village, and the father of the plaintiff stated that the plaintiff will go to the plaintiff's new family affairs around 2011.

Accordingly, the plaintiff, a cartol, refused the above demand.

Accordingly, father's high-ranking village has found the mother's house living by the plaintiff, and 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 subparagraph 1 of Article 2 and Article 18 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 not entitled to protection of the country of nationality or does not want to protect the country of nationality, or due to such fear.

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