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(영문) 서울행정법원 2017.11.01 2017구단24748
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 June 13, 2006, the Plaintiff entered the Republic of Korea with the short-term commercial status (C-2) sojourn status as a foreigner of C-2 of the Republic of Korea, and applied for refugee status to the Defendant on February 19, 2014.

B. On June 3, 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 the Plaintiff would suffer from persecution” under 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. The Plaintiff appealed and filed an objection with the Minister of Justice on July 25, 2016, but the Minister of Justice dismissed the Plaintiff’s objection on April 21, 2017.

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

2. Whether the disposition is lawful;

A. The gist of the Plaintiff’s assertion is currently supporting the President.

However, in Cotediar, illegal organizations called "LEES MICBES" supporting the former president are taking advantage of non-discriminatory murder and retaliation against the general public.

Therefore, it shall be deemed that there exists a risk of persecution in the event that the Plaintiff returned to Citdar, and the instant disposition, which did not recognize the Plaintiff as a refugee, should be deemed 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, a foreigner who, owing to well-founded fear of being injured on the grounds of race, religion, nationality, membership of a particular social group, or political opinion, is unable or does not want the protection of the country of nationality, or a foreigner who, owing to such fear, is unable to return to or does not want to return to the country in which he had resided before entering the Republic of Korea.

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