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(영문) 서울행정법원 2018.03.23 2017구단79427
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 October 22, 2015, the Plaintiff entered the Republic of Korea with a short-term visit (C-3) status on a short-term stay on October 22, 2015, and applied for refugee recognition to the Defendant on December 16, 2015.

B. On March 17, 2016, the Defendant rendered a decision on the recognition of refugee status (hereinafter “instant disposition”) to the Plaintiff 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.

C. On April 11, 2016, the Plaintiff was notified of the instant disposition, and filed an objection with the Minister of Justice on May 9, 2016, but the said objection was dismissed on the same ground as on October 11, 2017.

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

2. Whether the instant disposition is lawful

A. The plaintiff's assertion is a hydropatha, which was requested by the plaintiff to open the city from the Simpatha to the Simpatha, but rejected it.

They threatened the plaintiff to die, and on July 21, 2015, they suffered the injury and punishment of the plaintiff's attached to the plaintiff's house by putting a total attack on the plaintiff's house.

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) The term “refugee” means a foreigner who is unable or does not want to be protected by the country of nationality due to well-founded fear to recognize that he/she may be injured on the grounds of race, religion, nationality, status as a member of a particular social group, or political opinion, or a stateless foreigner who, due to such fear, cannot return to, or does not want to return to, the country in which he/she resided before entering the Republic of Korea (Article 2 subparag. 1. 2 of the Refugee Act).

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