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(영문) 서울행정법원 2018.02.07 2017구단75838
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 18, 2016, the Plaintiff entered the Republic of Korea on August 18, 2016, and applied for refugee recognition to the Defendant on August 22, 2016.

B. On September 8, 2016, the Defendant rendered a disposition of non-recognition of refugee status (hereinafter “instant disposition”) to the Plaintiff on the ground that the Plaintiff cannot be deemed as having “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. As to this, the Plaintiff filed an objection with the Minister of Justice on October 17, 2016, but was dismissed on July 18, 2017.

[Ground of recognition] Evidence Nos. 1 through 4, Evidence Nos. 1 through 6, and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The plaintiff, the main point of the plaintiff's assertion, was the death of the plaintiff, who was the president of the village in his own country, requested the succession of the president's position from the village center, and rejected it, was subject to the compromise of murder from the village center.

Nevertheless, the instant disposition that did not recognize the Plaintiff as a refugee is 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, Article 1 of the Refugee Protocol, and Article 1 of the Refugee Protocol, a foreigner in the Republic of Korea who is unable to be protected or does not want to be protected from the country of nationality due to well-founded fear of persecution for reasons of race, religion, nationality, membership of a particular social group, or political opinion, should be recognized as a refugee. “persecution” which is a requirement for recognition of a refugee refers to “an act causing serious infringement or discrimination against essential human dignity, including threats to life, body or freedom,” and the foreigner applying for recognition of a refugee refers to “an act causing serious infringement or discrimination against essential human dignity.” 2).

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