(영문) 서울행정법원 2018.10.24 2018구단8170

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(영문) 서울행정법원 2018.10.24 2018구단8170

난민불인정결정취소

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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 September 12, 2005, the Plaintiff entered the Republic of Korea with a short-term visit (C-3) status on September 12, 2005, and filed an application for refugee status with the Defendant on March 8, 2017.

B. On March 16, 2017, the Defendant rendered a disposition for refugee non-recognition (hereinafter “instant disposition”) on the ground that the Plaintiff cannot be recognized as “a well-founded fear of persecution” as stipulated in Article 1 of the Convention on the Status of Refugees and Article 1 of the Protocol Relating to the Status of Refugees.

C. On April 25, 2017, the Plaintiff filed an objection with the Minister of Justice, but was dismissed on October 11, 2017.

[Reasons for Recognition] Unsatisfy, Gap evidence Nos. 1, 2, 3, Eul evidence Nos. 1, 2, and 4, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion is a hydropathm forest, and around 201, the Plaintiff married with a female with a Sispathm forest, and on this ground, was threatened by the Plaintiff’s family until 2014.

(hereinafter referred to as "reasons 1") In addition, the plaintiff has the basis of living in the border area of the Sinria, and due to the Austria's internal power, there is danger that the plaintiff's high village, which is the border area, is exposed to the danger, such as the breadth due to the malfunction, etc.

(hereinafter “Ground 2”) Therefore, the Defendant’s disposition that did not recognize the Plaintiff as a refugee is unlawful even if the Plaintiff’s return to the Hashear is highly likely to suffer from gambling.

B. 1 The term “refugee” refers to a foreigner who is unable or does not want to be protected by the country of nationality due to well-founded fear to recognize that he/she may be injured on the grounds of race, religion, nationality, status as a member of a particular social group, or political opinion, or a foreigner who is unable or does not want to be protected by such fear to return to the country in which he/she had resided before entering the Republic of Korea,

유사 판례

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