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(영문) 서울행정법원 2017.09.20 2017구단18347
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 November 30, 2016, the Plaintiff entered the Republic of Korea with a short-term visit (C-3) status on a short-term basis, and applied for refugee status to the Defendant on February 9, 2017.

B. On February 23, 2017, the Defendant issued a disposition to recognize refugee status (hereinafter “instant disposition”) on the ground that the Plaintiff cannot be deemed as having “a well-founded fear that the Plaintiff would suffer from persecution” as stipulated in Article 1 of the Convention on the Status of Refugees (hereinafter “Refugee”) and Article 1 of the Protocol Relating to the Status of Refugees (hereinafter “Refugee Protocol”).

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3, Eul evidence Nos. 1 and 2, and the purport of whole pleadings

2. Whether the disposition is lawful;

A. The gist of the Plaintiff’s assertion is that the Plaintiff caused damage to the president as a result of failing to recover the price of goods while working as an employee in a used motor vehicle part company, and is threatened by the president’s life.

Therefore, it should be deemed that there is a risk of persecution in the event that the Plaintiff returned to Hadar, and the instant disposition that the Plaintiff did not recognize as a refugee should be deemed 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 who, owing to a well-founded fear of persecution for reasons of race, religion, nationality, membership of a particular social group, or political opinion, are unable or do not want to be protected by the country of nationality, or who, owing to such fear, is unable or does not want to return to the country of nationality, which had resided in the Republic of Korea before entering the Republic of Korea, or who were unable or does not want to return to the country of nationality, and “persecution,” which is the requirement for recognition of refugee, must be recognized as a refugee, and the term “persecution,” which is a threat to life, body or freedom, shall be

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