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(영문) 서울행정법원 2017.06.01 2017구단4126
난민불인정결정취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. On February 13, 2016, the Plaintiff entered the Republic of Morocco Kingdom (hereinafter “Morocco”) as a foreigner of nationality, and applied for refugee recognition to the Defendant on May 2, 2016.

On May 20, 2016, the Defendant rendered a disposition of non-recognition of refugee status (hereinafter referred to as “instant disposition”) on the ground that the Plaintiff’s assertion does not constitute “a sufficiently-founded fear that it would be prejudicial to persecution” as stipulated in Article 1 of the Convention on the Status of Refugees (hereinafter referred to as the “Refugee”) and Article 1 of the Protocol Relating to the Status of Refugees (hereinafter referred to as the “Refugee Protocol”).

On June 14, 2016, the plaintiff raised an objection to the Minister of Justice on June 14, 2016, but was dismissed on October 27, 2016.

On November 7, 2016, the Plaintiff received a notice of decision on dismissal of an objection.

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

2. Whether the disposition is lawful;

A. The gist of the Plaintiff’s assertion reveals that the Plaintiff, as a member of the organized violence group, threatened people and reported this to the police.

Since then, there was three and four intimidation calls to kill from organized violence.

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

B. In full view of the provisions of Article 2 subparag. 1 and Article 18 of the former 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 the protection of the country of nationality, or who, owing to such fear, cannot return to, or do not want to return to, the country of nationality that had resided in the Republic of Korea before entering the Republic of Korea, should be recognized as a refugee, and the requirements for recognition of a refugee are satisfied.

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