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(영문) 서울행정법원 2018.05.15 2018구단3977
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 November 23, 2016, the Plaintiff entered the Republic of Korea with visa exemption (B-1) status on November 23, 2016, and applied for refugee status to the Defendant on January 9, 2017.

B. On January 18, 2017, the Defendant rendered a decision on refugee status refusal (hereinafter “instant disposition”) against the Plaintiff on the ground that the Plaintiff’s assertion does not constitute a case of “a well-founded fear that would be subject to persecution” as prescribed by Article 1 of the Convention on the Status of Refugees (hereinafter “Refugee Convention”) and Article 1 of the Protocol Relating to the Status of Refugees (hereinafter “Refugee Protocol”).

C. The Plaintiff dissatisfied with the instant disposition and filed an objection with the Minister of Justice on March 10, 2017, but the Minister of Justice dismissed the Plaintiff’s objection on October 11, 2017.

[Ground of recognition] Facts without dispute, Gap evidence 3, 4, Eul evidence 1 and 2, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The plaintiff's assertion was born at the Muslim home and was born at the original suslim, but became a new person since 1998 through 1999, and thereby continued to be threatened by the surrounding persons, such as family members, relatives, company fees, etc.

In the event that the plaintiff returned to a country of nationality, the disposition of this case, which did not recognize the plaintiff as a refugee, is unlawful, despite the possibility of persecution in the above circumstances.

B. In full view of the provisions of Article 2 subparag. 1 of the Refugee Act, Article 1 of the Refugee Convention, and Article 1 of the Refugee Protocol, foreigners who, owing to well-founded fear of persecution for reasons of race, religion, nationality, membership of a particular social group, or political opinion, are unable to be protected of the country of nationality or do not want the protection of the country of nationality, or who, owing to such fear, are unable to return to the country in which they resided before entering the Republic of Korea, or want to return.

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