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(영문) 서울행정법원 2017.11.08 2017구단30309
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 June 10, 2014, the Plaintiff entered the Republic of Korea with the tourism conference (B-2) status on June 10, 2014, and applied for refugee status to the Defendant on June 13, 2014.

B. On October 26, 2016, 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”).

C. The Plaintiff appealed and filed an objection with the Minister of Justice on December 26, 2016, but the Minister of Justice dismissed the Plaintiff’s objection on July 18, 2017.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence Nos. 1 and 2, and the purport of the whole pleadings

2. Whether the disposition is lawful;

A. The main point of the Plaintiff’s assertion lies in the Plaintiff’s threat of life by taking away the Plaintiff’s inherited property from his/her her son.

Therefore, it should be deemed that there exists a risk of persecution in the event that the Plaintiff returned to mentmen, and the instant disposition, which did not recognize the Plaintiff 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, cannot return to the country of nationality or who had resided in the Republic of Korea before entering the Republic of Korea, or who did not want to return to the country of nationality, should be recognized as a refugee, and “persecution” which is a requirement for recognition of refugee.

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