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(영문) 서울행정법원 2017.05.18 2017구단52712
난민불인정결정취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. On May 9, 2015, the Plaintiff entered the Republic of ASEAN (hereinafter referred to as “Naria”) as a foreigner of nationality, and applied for refugee status to the Defendant on May 21, 2015, after entering the Republic of ASEAN as a short-term visit (C-3) sojourn status.

On January 29, 2016, the Defendant rendered a disposition of non-recognition of refugee status (hereinafter referred to as “instant disposition”) to the Plaintiff 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 “Refugee”) and Article 1 of the Protocol Relating to the Status of Refugees (hereinafter referred to as “Refugee Protocol”).

On February 25, 2016, the Plaintiff filed an objection with the Minister of Justice on February 25, 2016, but was dismissed on the same ground as October 27, 2016, and received a notice of dismissal decision on the objection on November 18, 2016.

[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 was the Plaintiff’s leader of the Join-ro, and the Plaintiff’s father was the Plaintiff’s leader of the Join-ro in the village B, and the Plaintiff’s father was proposed to succeed to the position of the village leader and residents after the Plaintiff’s father’s death, but the Plaintiff rejected the Plaintiff’s assertion, thereby threateninging the Plaintiff and failing to stand the Plaintiff’s house.

In the event that the plaintiff returns to ASEAN, it is likely to be detrimental to persecution for this reason.

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, the protection of the country of nationality cannot be protected due to well-founded fear of persecution for reasons of race, religion, nationality, membership of a particular social group or political opinion, or the protection of the country of nationality.

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