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(영문) 서울행정법원 2017.11.28 2017구단19586
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 July 19, 201, the Plaintiff entered the Republic of Korea on July 19, 201, and applied for refugee recognition to the Defendant on May 25, 2016.

B. On June 27, 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 sufficiently-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 November 16, 2016, but was dismissed on April 21, 2017.

[Ground of recognition] Evidence Nos. 1 through 4, Evidence Nos. 1 through 3, and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The summary of the Plaintiff’s assertion is a fear of persecution for religious reasons, in the event that the Plaintiff returns to the country of nationality as a member of the Korean War as a member of the Korean War.

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

B. In full view of the provisions of subparagraph 1 of Article 2 of the Refugee Act, Article 18 of the Refugee Convention, Article 1 of the Refugee Convention, and Article 1 of the Refugee Protocol, foreigners in the Republic of Korea who are unable to be protected or do not want to be protected in 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 refugee. “persecution” which is a requirement for recognition of refugee refers to “an act causing serious infringement or discrimination against essential human dignity, including threats to life, body or freedom,” and a foreigner applying for recognition of refugee status must prove that there is “a good-founded fear.” 2) the following facts or circumstances are acknowledged by taking into account the respective descriptions of subparagraphs 1 through 4 and the entire purport of arguments.

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