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(영문) 서울행정법원 2017.04.21 2017구단544
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 November 10, 2014, the Plaintiff, a Moroc nationality, entered the Republic of Korea with visa exemption (B-1) status on November 10, 2014, and applied for refugee status to the Defendant on April 8, 2016.

B. On April 22, 2016, the Defendant rendered a decision on the recognition of refugee status (hereinafter “instant disposition”) on the ground that the Plaintiff’s assertion does not constitute a case of “a well-founded fear that would be subject to persecution” as a requirement of refugee under Article 1 of the Convention on the Status of Refugees and Article 1 of the Protocol on the Status of Refugees.

C. The Plaintiff filed an objection with the Minister of Justice on April 29, 2016, but the said objection was dismissed on the same ground as October 27, 2016.

[Reasons for Recognition] Facts without dispute, Gap 1, 2 evidence, Eul 1 and 2 evidence, and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff asserted that the Plaintiff was donated land from Morocco. The Plaintiff attempted to kill the Plaintiff, while Marocco was trying to capture the said land from the Plaintiff.

Therefore, the defendant's disposition of this case which did not recognize the plaintiff as a refugee despite high possibility that the plaintiff would be subject to gambling when he returns to the country of nationality is illegal.

B. The term “refugee” refers to a foreigner who is unable or does not want to be protected by the country of nationality due to well-founded fear to recognize that he/she may be injured on the grounds of race, religion, nationality, status as a member of a particular social group, or political opinion, or a stateless foreigner who, owing to such fear, is unable to return to or does not want to return to the country in which he/she resided before entering the Republic of Korea.

(Article 2 Subparag. 1 of the Refugee Act). We examine the Plaintiff’s assertion, and even if recognizing the Plaintiff’s assertion, the threat of the Plaintiff’s threat is merely a private dispute and is a member of a race, religion, nationality, or a specific social group.

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