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(영문) 서울행정법원 2017.06.27 2016구단32971
난민불인정결정취소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

Details of the disposition

On November 29, 2015, the Plaintiff entered the Republic of Korea with tourism Tong (B-2) status on November 29, 2015, and applied for refugee status to the Defendant on December 18, 2015.

On January 12, 2016, the Defendant rendered a disposition to deny the Plaintiff’s application for refugee status (hereinafter “instant disposition”) on the ground that the Plaintiff’s assertion does not constitute “a well-founded fear that would be subject to persecution” as stipulated in Article 1 of the Refugee Convention and Article 1 of the Refugee Protocol.

The Plaintiff dissatisfied with the instant disposition and filed an objection with the Minister of Justice on February 3, 2016, but the said objection was dismissed on September 9, 2016.

【Ground of recognition” without any dispute, Gap’s evidence Nos. 1 through 4, Eul’s evidence Nos. 1 and 2, and the purport of the entire pleadings, the gist of the Plaintiff’s assertion as to the legitimacy of the disposition of this case was the marriage of the plaintiff, but the relationship was sexually with the women’s friendship.

It threatened the plaintiff by intending to put the plaintiff, intending to put the plaintiff into a knife, or intending to put the plaintiff into a knife with a knife.

For this reason, the plaintiff's return to his country is highly likely to be harmful to gambling.

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

Judgment

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 well-founded fear of persecution for reasons of race, religion, nationality, membership of a particular social group, or political opinion, are unable to be protected of the country of nationality or do not want to be protected of the country of nationality, or who, owing to such fear, cannot return to the country in which they resided before entering the Republic of Korea, or who, owing to such fear, do not want to return to the country of nationality, shall be recognized as a refugee, and “persecution” which is the requirement for recognition of a refugee is a threat to life, body,

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