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(영문) 서울행정법원 2017.05.25 2017구단54138
난민불인정결정취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. On January 19, 2016, 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 February 29, 2016.

On March 16, 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 March 28, 2016, the Plaintiff filed an objection with the Minister of Justice on March 28, 2016, but was dismissed on December 22, 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 Plaintiff’s father, who is active in a confidential local group, forced the Plaintiff to join the above organization, and the Plaintiff’s punishment was refused, and the Plaintiff’s death was his father’s drinking.

The plaintiff refused to join an organization with the Dominology, and the father of the plaintiff detained the plaintiff in the room.

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, foreigners 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, are not entitled to protection of the country of nationality or do not want protection of the country of nationality, or those who, due to such fear, resided in Korea before entering Korea.

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