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(영문) 서울행정법원 2017.10.17 2017구단16563
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 July 28, 2016, the Plaintiff entered the Republic of Korea with tourism Tong (B-2) status on July 28, 2016, and applied for refugee status to the Defendant on August 16, 2016.

On September 27, 2016, the Defendant rendered a disposition of non-approval of 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 October 24, 2016, but the said objection was dismissed on April 21, 2017.

【Ground of recognition” did not have any dispute, Gap evidence Nos. 1 through 4, Eul evidence Nos. 1 and 2, the purport of the entire pleadings, and the purport of the disposition of this case as to whether the disposition of this case is legitimate, the plaintiff supported the former president supported by the Muslim task force.

On June 2013, the plaintiff participated in the demonstration at least 15 times after the commencement of the president's independent financial power, and was arrested at the police around June 2014 and January 2016.

On February 2016, the Plaintiff moved to another region along with his family members, but the police visited the Plaintiff’s relatives to find the Plaintiff’s whereabouts.

In addition, the Plaintiff was sentenced to imprisonment with prison labor for one year and six months due to the failure of the police to repay its debts due to the foregoing interference with the police.

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, the protection of nationality countries cannot be protected due to well-founded fear of persecution for reasons of race, religion, nationality, membership of a particular social group, or political opinion.

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