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(영문) 서울행정법원 2017.05.17 2017구단53234
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 February 23, 2016, the Plaintiff entered the Republic of Korea with tourism transit (B-2) status on February 23, 2016, and applied for refugee recognition to the Defendant on February 29, 2016.

B. On March 14, 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 March 25, 2016, but the Minister of Justice dismissed it on December 22, 2016.

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

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion was born and resided in Hungary, and moved to the South Africa Republic around 2001, and around 2004, married with the denial of nationality of the South Africa, and acquired the nationality of the South Africa Republic around 2006.

around February 2015, foreign-suspected criminals threatened the plaintiff with knife and firearms around December 2015.

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 being injured on the grounds 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 does not want to be protected of the country of nationality due to such fear, or who, owing to such fear, did not want to return to the country of nationality before entering the Republic of Korea.

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