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(영문) 서울행정법원 2017.11.22 2017구단72976
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 1, 2008, the Plaintiff entered the Republic of Korea with the status of non-professional employment (E-9) sojourn on November 1, 2008, and applied for refugee recognition to the Defendant on July 13, 2016.

B. On September 19, 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 that would be subject to persecution” as stipulated in Article 1 of the Refugee Convention and Article 1 of the Refugee Protocol.

C. The Plaintiff dissatisfied with the instant disposition and filed an objection against the Minister of Justice on October 21, 2016, but the Minister of Justice dismissed the objection on April 21, 2017.

[Ground of recognition] Facts without dispute, Gap evidence 1-1, 2, Gap evidence 2, 3, Eul evidence 1, 2, and 4, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s Plaintiff’s assertion was unable to repay money from the person “B”.

B intimidation the plaintiff's family members, and around 2002, the plaintiff's words were found to be in line with the total body, and the plaintiff's words were cut down around 201.

The plaintiff's misplaced and died in total on the road.

For this reason, the disposition of this case which did not recognize the plaintiff as a refugee even though the plaintiff could be affected by gambling when he returns home to his country is illegal.

B. 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 a well-founded fear of persecution for reasons 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 who, owing to such fear, cannot return to or do not want to return to the country of nationality that had resided before entering the Republic of Korea.

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