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(영문) 서울행정법원 2017.06.14 2017구단10817
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 10, 2015, the Plaintiff entered the Republic of Korea on November 10, 2015, and applied for refugee recognition to the Defendant on November 30, 2015.

B. On December 28, 2015, the Defendant rendered a disposition to recognize refugee status (hereinafter “instant disposition”) against the Plaintiff on the ground that the Plaintiff cannot be deemed as having “a sufficiently-founded fear of persecution” as stipulated in Article 1 of the Convention on the Status of Refugees and Article 1 of the Protocol Relating to the Status of Refugees.

C. On April 27, 2016, the Plaintiff filed an objection with the Minister of Justice, but was dismissed on December 22, 2016.

[Ground of recognition] Evidence Nos. 1 through 4, Evidence Nos. 1 through 4, and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The gist of the Plaintiff’s assertion is that the Plaintiff is likely to be stuffed from those who return to their home country.

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

B. In full view of the provisions of subparagraph 1 of Article 2 of the Refugee Act, Article 18 of the Refugee Convention, Article 1 of the Refugee Convention, and Article 1 of the Refugee Protocol, foreigners in the Republic of Korea who are unable to be protected or do not want to be protected in the country of nationality due to well-founded fear of persecution for reasons of race, religion, nationality, membership of a particular social group, or political opinion, should be recognized as refugee. “persecution” which is a requirement for recognition of refugee refers to “an act causing serious infringement or discrimination against essential human dignity, including threats to life, body or freedom,” and a foreigner applying for recognition of refugee status must prove that there is “a good-founded fear.” 2) the following facts or circumstances are acknowledged by taking into account the respective descriptions of subparagraphs 1 through 4 and the entire purport of arguments.

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