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(영문) 서울행정법원 2018.11.27 2018구단19156
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 October 13, 2016, the Plaintiff entered the Republic of Korea with visa exemption (B-1) status on October 13, 2016, and applied for refugee recognition to the Defendant on October 20, 2016.

B. On September 18, 2017, the Defendant rendered a decision on refugee status refusal (hereinafter “instant disposition”) against 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 prescribed by Article 1 of the Convention on the Status of Refugees (hereinafter “Refugee Convention”) and Article 1 of the Protocol Relating to the Status of Refugees (hereinafter “Refugee Protocol”).

C. The Plaintiff dissatisfied with the instant disposition and filed an objection with the Minister of Justice on October 23, 2017, but the Minister of Justice dismissed the Plaintiff’s objection on June 12, 2018.

[Ground of recognition] Facts without dispute, Gap evidence 3, 4, Eul evidence 1 and 2, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion was written and inserted in B, stating that “Isllim shall not commit any crime of cutting or murdering any slick person for another religion,” and accordingly, the Plaintiff was threatened with murder from the slive slive slive slive slive slive slick on September 2016.

In the event that the plaintiff returned to a country of nationality, the disposition of this case which did not recognize the plaintiff as a refugee despite the possibility of persecution in the above circumstances is unlawful.

B. In full view of the provisions of Article 2 subparag. 1 of the Refugee Act, Article 1 of the Refugee Convention, and Article 1 of the Refugee Protocol, a foreigner who, owing to well-founded fear of persecution for reasons of race, religion, nationality, membership of a particular social group or political opinion, is unable to be protected of the country of nationality or does not want the protection of the country of nationality, or due to such fear, cannot return to the country in which he resided before entering the Republic of Korea.

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