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(영문) 서울행정법원 2017.10.17 2017구단25277
난민불인정결정취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

Details of the disposition

On December 17, 2015, the Plaintiff entered the Republic of Korea with the short-term visit (C-3) sojourn status on the short-term visit on December 17, 2015, and applied for refugee recognition to the Defendant on February 24, 2016.

On October 17, 2016, the Defendant rendered a disposition to deny the Plaintiff’s application for refugee status (hereinafter “instant disposition”) on the ground that the Plaintiff’s assertion does not constitute “a well-founded fear of persecution” as stipulated in Article 1 of the Refugee Convention and Article 1 of the Refugee Protocol.

The Plaintiff dissatisfied with the instant disposition and filed an objection with the Minister of Justice on November 14, 2016, but the said objection was dismissed on April 21, 2017.

【Ground of recognition】 The Plaintiff’s father’s assertion as to whether the disposition of this case was legitimate or not, the fact that there was no dispute, Gap’s evidence Nos. 1 through 4, Eul’s evidence Nos. 1 and 2, and the purport of the entire argument was a village head

SIKH UNITD FTRNT was refused by his father after having his father participate in religious events in the village.

Therefore, from October 2015, the above religious organization threatened father from around October 2015, and was rejected after threatening the Plaintiff to join the organization on November 7, 2015.

For this reason, the plaintiff's return to his country is highly likely to be harmful to gambling.

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

Judgment

In full view of the provisions of subparagraph 1 of Article 2 and Article 18 of the Refugee Act, Article 1 of the Refugee Convention, and Article 1 of the Refugee Protocol, foreigners who, owing to well-founded fear of persecution for reasons of race, religion, nationality, membership of a particular social group, or political opinion, are unable to be protected of the country of nationality or do not want to be protected of the country of nationality, or who, owing to such fear, are unable to return to or does not want to return to the country in which they resided before entering the Republic of Korea.

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