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(영문) 서울행정법원 2017.05.17 2017구단54657
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 10, 2016, the Plaintiff entered the Republic of Korea with a short-term visit (C-3) status on March 10, 2016, and applied for refugee status to the Defendant on March 15, 2016.

B. On April 19, 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.

C. The Plaintiff dissatisfied with the instant disposition and filed an objection against the Minister of Justice on May 9, 2016, but the Minister of Justice dismissed the objection on December 22, 2016.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence Nos. 1 and 2, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. On February 10, 2016, the Plaintiff asserted that he/she was engaged in taxi business in the day-wing, and that on February 10, 2016, the Plaintiff died of two taxi drivers and two passengers, and the bereaved families of passengers are threatening to kill the Plaintiff.

For this reason, the disposition of this case which did not recognize the plaintiff as a refugee even though the plaintiff could be affected by gambling when he returns home to his country is illegal.

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 being injured on the grounds of race, religion, nationality, membership of a particular social group, or political opinion, are unable to be protected by the country of nationality or who, owing to such fear, or who, owing to such fear, cannot return to the country of nationality or who had resided in the Republic of Korea before entering the Republic of Korea, or who did not want to return to the country of nationality, shall be recognized as a refugee, and “persecution,” which is the requirement for recognition of a refugee, includes threats to life, body or freedom.

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