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(영문) 서울행정법원 2018.04.04 2017구단37997
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 September 9, 2016, the Plaintiff filed an application with the Defendant for recognition of refugee status as a foreigner of the nationality of the Republic of mentmen (hereinafter “Emenmen”).

B. On March 20, 2017, the Defendant rendered a disposition of non-recognition of refugee status on the ground that it cannot be deemed that the Plaintiff was a person with a sufficient well-founded fear that the Plaintiff would be injured by gambling.

(hereinafter “instant disposition”). C.

The Plaintiff filed an objection with the Minister of Justice on March 30, 2017, but the Minister of Justice dismissed the objection on October 11, 2017.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, 3, Eul evidence 1 to 6, the purport of the whole pleadings

2. Whether the instant disposition is lawful or not, the Plaintiff intervened in the Kingdom of Saudi Arabia (hereinafter “ Saudi Arabia”) before the process in the mentmen, and asserts that if the Plaintiff returned to the mentmen, he/she may die due to his/her meritorious behavior in the military of Saudi Arabia, if the Plaintiff returned to the mentmen.

(1) Article 2 subparag. 1 of the Refugee Act defines the subject of fear as a "foreigner who is unable or does not want to be protected due to well-founded fear that he or she could be protected for reasons of race, religion, nationality, membership of a specific social group, or political opinion," or a "stateless foreigner who is unable or does not want to return to the country in which he or she had resided before entering the Republic of Korea due to such fear." According to the above provision of the Act, in order to be recognized as a refugee, he or she claimed by the applicant for refugee status, on the ground that he or she is "human race, religion, nationality, membership of a specific social group, or political opinion."

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