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(영문) 서울행정법원 2018.11.09 2018구단72232
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 December 31, 2016, the Plaintiff entered the Republic of Korea with a short-term visit (C-3) status on a short-term visit (C-3), and applied for refugee status to the Defendant on January 13, 2017.

B. On October 24, 2017, 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 refugee requirement under Article 1 of the Convention on the Status of Refugees and Article 1 of the Protocol Relating to the Status of Refugees.

C. The Plaintiff was notified of the instant disposition on November 3, 2017, and filed an objection with the Minister of Justice on November 27, 2017, but the said objection was dismissed on June 12, 2018.

[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 threatened with murder from a third village that seeks to acquire the inherited property from his/her father.

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. The term “refugee” refers to 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, owing to such fear, is unable to 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 of the Refugee Act. However, even if the Plaintiff’s assertion is acknowledged, the threat of the Plaintiff’s assertion does not constitute persecution on the ground of “human race, religion, nationality, status as a member of a specific social group, or political opinion.”

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