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(영문) 서울행정법원 2017.03.31 2016구단28460
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 September 22, 2015, the Plaintiff entered the Republic of Korea with the status of stay for general training (D-4) on September 22, 2015, and applied for refugee status to the Defendant on February 15, 2016.

On February 17, 2016, the Defendant rendered a disposition not to approve 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 of 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 April 4, 2016, but the said objection was dismissed on October 27, 2016.

【In the absence of any dispute, the Plaintiff’s father promised to divide the Plaintiff’s property into the Plaintiff’s third village, and reversed the Plaintiff’s third village since August 1, 2015, on the following grounds: (a) there was no dispute; (b) Gap’s evidence Nos. 1 through 4; and (c) the purport of the entire argument and the purport of the disposition of this case as to whether the disposition of this case is legitimate; and (c) the Plaintiff’s third village took away

Then, on September 22, 2015, the Plaintiff was called on January 10, 2016 to die from the Plaintiff’s third village while entering the Republic of Korea and receiving training in Korean.

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 subparagraph 1 of Article 2 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, are unable to return to or does not want to return to the country in which they resided before entering the Republic of Korea.

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