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(영문) 서울행정법원 2018.06.22 2018구단60284
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 28, 2014, the Plaintiff entered the Republic of Korea with a short-term visit (C-3) sojourn status on a short-term visit (C-3) and applied for refugee status to the Defendant on March 15, 2017.

B. On February 7, 2018, 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.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, Eul evidence Nos. 1, 2 and 6, and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s father, who is a member of the Plaintiff’s local management organization B, seeks to sacrifice the Plaintiff as a product.

In addition, the Kamercian government has stuffed people who have been residing in the South Korean father, but the plaintiff could be threatened by the Kamercian government because the plaintiff has attempted to engage in food cooking at C meetings in around 2012.

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) Determination 1) “Refugee” means a foreigner who is unable or does not want to be protected 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 foreigner who is not a national who, due to such fear, cannot return to the country in which he/she had resided before entering the Republic of Korea or does not want to return to the country in which he/she had resided (Article 2 Subparag. 1). 2 of the Refugee Act), which serves as the requirement for the recognition of refugee status, causes serious infringement of, or discrimination against, inherent human dignity, including threats to life, body or freedom.

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