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(영문) 서울행정법원 2017.05.10 2016구단66158
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 April 14, 2016, the Plaintiff entered the Republic of Chicago (hereinafter “C-3”) as a foreigner of his/her nationality, and applied for refugee status to the Defendant on April 22, 2016 after entering the Republic of Korea as a short-term visit (C-3).

B. On June 27, 2016, the Defendant rendered a disposition of non-recognition of refugee status (hereinafter “instant disposition”) to the Plaintiff on the ground that the Plaintiff cannot be deemed as having “a sufficiently-founded fear of persecution” as stipulated in Article 1 of the Convention on the Status of Refugees and Article 1 of the Protocol Relating to the Status of Refugees.

C. As to this, the Plaintiff filed an objection with the Minister of Justice on July 6, 2016, but was dismissed on October 27, 2016.

[Ground of recognition] Evidence Nos. 1 through 4, Evidence Nos. 1 through 3, and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. Since the Plaintiff’s inheritance of the pre-owned property that was the center of the Plaintiff’s assertion, the Plaintiff’s father’s second denial of the property and the dual-class system threaten the Plaintiff’s murder, there is a risk of murdering the Plaintiff’s return to his own country.

Nevertheless, the instant disposition that did not recognize the Plaintiff as a refugee is unlawful.

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 in the Republic of Korea who are unable to be protected by the country of nationality or who do not want to be protected by the country of nationality due to well-founded fear of persecution for reasons of race, religion, nationality, membership of a particular social group, or political opinion, should be recognized as refugee. “persecution” which is the requirement for recognition of refugee refers to “an act causing serious infringement or discrimination against essential human dignity, including threats to life, body or freedom,” and thus, a foreigner who files an application for recognition of refugee status.

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