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(영문) 서울행정법원 2018.04.25 2018구단50294
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 April 26, 2016, the Plaintiff entered the Republic of Korea on April 26, 2016, and applied for refugee recognition to the Defendant on May 13, 2016.

B. On June 7, 2016, the Defendant rendered a disposition of non-recognition of refugee status (hereinafter “instant disposition”) on the ground that the Plaintiff cannot be deemed as having a well-founded fear that he would suffer from persecution” as stipulated in Article 1 of the Convention on the Status of Refugees (hereinafter “Refugee”) and Article 1 of the Protocol Relating to the Status of Refugees (hereinafter “Refugee Protocol”).

C. On July 11, 2016, the Plaintiff filed an objection with the Minister of Justice, but was dismissed on July 18, 2017.

[Reasons for Recognition] The entry of evidence Nos. 1 to 3 and the purport of the whole pleading

2. Whether the instant disposition is lawful

A. The gist of the Plaintiff’s assertion was threatened by Cparty because the Plaintiff was to Vice-Party B’s youth organization.

If the plaintiff returns to his own country, there is a risk of murder by Cpolitical person.

Nevertheless, 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 Refugee Act, 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 by the country of nationality or who do not want to be protected by the country of nationality due to well-founded fear of persecution on the grounds of race, religion, nationality, membership of a particular social group, or political opinion, should be recognized as refugee. “persecution” which is the 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 thus, a foreigner applying for recognition of refugee has “a sufficient fear” subject to such persecution.

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