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(영문) 서울행정법원 2017.12.20 2017구단74583
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. The plaintiff is well-known.

On February 4, 2016, a national foreigner entered the Republic of Korea with the status of stay for general training (D-4) on February 4, 2016, and applied for refugee recognition to the defendant on September 23, 2016.

B. On November 28, 2016, the Defendant issued a disposition to recognize refugee status (hereinafter “instant disposition”) on the ground that the Plaintiff cannot be deemed as having “a well-founded fear that the Plaintiff would suffer from persecution” as stipulated in Article 1 of the Convention on the Status of Refugees (hereinafter “Refugee”) and Article 1 of the Protocol Relating to the Status of Refugees (hereinafter “Refugee Protocol”).

C. The Plaintiff appealed and filed an objection with the Minister of Justice on December 19, 2016, but the Minister of Justice dismissed the Plaintiff’s objection on April 21, 2017.

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

2. Whether the disposition is lawful;

A. The gist of the Plaintiff’s assertion is that the Plaintiff was kidnapped, detained by the NRM party, while preparing for the participation in the “Walk to WT” demonstration, which is an objection to price increase, as a party member of the FDC party.

Therefore, the plaintiff is likely to do so.

If you return to Korea, there is a risk of persecution, and even if we do not recognize the plaintiff as a refugee, the disposition of this case should be deemed unlawful.

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 unable or do not want the 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, should be recognized as a refugee.

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