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(영문) 서울행정법원 2017.09.21 2017구단17597
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 August 7, 2007, the Plaintiff filed an application for refugee status with the Defendant on March 23, 2016 while entering the Republic of Korea as a foreigner of the KIKOSan nationality status of tourism route (B-2) and staying in the Republic of Korea.

B. On July 22, 2016, the Defendant rendered a disposition not recognizing the Plaintiff as a refugee (hereinafter “instant disposition”) on the ground that the Plaintiff’s assertion does not constitute “a sufficiently-founded fear of persecution” as stipulated in the Refugee Act and the Convention on the Status of Refugees.

C. On August 16, 2016, the Plaintiff filed an objection with the Minister of Justice on August 16, 2016, but the decision dismissing the Plaintiff’s application was rendered on April 21, 2017.

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

2. Determination on the legitimacy of the disposition

A. The gist of the Plaintiff’s assertion is that the Plaintiff, as an eccctor, sells goods at a low price in its home country on the grounds that the Plaintiff sold goods at a low price while operating the motor vehicle parts sales business in its home country, and the like business entity, who was arrested and detained, are likely to be threatened by the same kind of business for the same reason.

Therefore, the defendant's disposition of this case that did not recognize the plaintiff as a refugee is unlawful even though the possibility that the plaintiff might be stuffed due to the above circumstances is high in case the plaintiff returned to KIKOStan.

B. In order to be recognized as a refugee, in addition to the requirement that the applicant for refugee status has a well-founded fear of persecution in his or her country, the applicant has been made on the ground of “a person’s race, religion, nationality, status as a member of a particular social group or political opinion”.

The reason for stuffing alleged by the plaintiff is under threat from the plaintiff and the like Korean nationals on the ground that the plaintiff sells the automobile parts at a low price.

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