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(영문) 서울행정법원 2017.10.31 2017구단23530
난민불인정결정취소
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 October 2016, the Plaintiff entered the Republic of Korea with tourism Tong (B-2) status on October 20, 2016, and applied for refugee recognition to the Defendant on November 11, 2016.

On January 2, 2017, 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 February 2, 2017, but the said objection was dismissed on July 18, 2017.

【The ground for recognition” did not have any 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 whether the disposition of this case is legitimate, the plaintiff's female married with the father's limited male in the village, but the plaintiff's female was not married with the limited male in the village, such as being married

Accordingly, the Plaintiff was trying to prepare a brupt with female students, and the husband of female students threatened the Plaintiff with raising 300,000 Ebrupt pounds in the amount of 300,000.

In addition, the plaintiff is tracking the police.

For this reason, the plaintiff's return to his country is highly likely to be harmful to gambling.

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

Judgment

In full view of the provisions of subparagraph 1 of Article 2 and Article 18 of the Refugee Act, Article 1 of the Refugee Convention, and Article 1 of the Refugee Protocol, a foreigner who, owing to well-founded fear of persecution for reasons of race, religion, nationality, membership of a particular social group, or political opinion, is unable or does not want the protection of the country of nationality, or who, owing to such fear, is unable to return to or does not want to return to the country in which he resided before entering the Republic of Korea.

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