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(영문) 서울행정법원 2017.07.11 2016구단65865
난민불인정처분취소
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 July 19, 2010, the Plaintiff entered the Republic of Korea with the status of non-professional employment (E-9) sojourn on July 19, 2010, and applied for refugee status to the Defendant on May 12, 2015.

On July 9, 2015, the Defendant rendered a disposition not to approve 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 July 10, 2015, but the said objection was dismissed on September 9, 2016.

[Ground of recognition] In the absence of dispute, Gap's evidence Nos. 1 through 4, Eul's evidence Nos. 1 and 2, and the purport of the entire pleadings and the purport of the disposition of this case as to the legitimacy of the disposition of this case, the plaintiff's assertion was threatened from around 2008 that the plaintiff made a threat that he would make a contribution from the so-called thothal pum colon and so-called

For this reason, when the plaintiff returns home to his country, there is a high risk of suffering from mastal damage.

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

Judgment

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, 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 who, owing to such fear, do not want to be protected of the country of nationality, or who, owing to such fear, cannot return to the country in which they resided before entering the Republic of Korea, or who does not want to return to the country of nationality, shall be recognized as a refugee, and “persecution” which is the requirement for recognition of a refugee shall include threats to life, body or liberty, or threat to human essential dignity.

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