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(영문) 서울행정법원 2017.08.29 2017구단9527
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 January 2, 2012, the Plaintiff entered the Republic of Korea with the status of non-professional employment (E-9) sojourn on January 2, 2012, and applied for refugee recognition to the Defendant on May 3, 2016.

On August 19, 2016, the Defendant rendered a disposition to deny 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 that would be subject to 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 August 30, 2016, but the said objection was dismissed on the same ground as February 24, 2017.

【In the absence of dispute, the Plaintiff visited the Philippines around December 29, 201 while staying in the Republic of Korea on the following facts: (a) Nos. 1, 2, and 3; (b) Nos. 6 and 7; and (c) the purport of the entire pleadings; and (d) the purport of the instant disposition, as a whole, of the Plaintiff’s assertion that the disposition of this case is legitimate; and (b) the number of persons who did not have the right to know were threatening to their parents

Accordingly, the plaintiff escaped from the wife in other areas.

After that, the person presumed to be NPA (NPA) found the plaintiff's house once every two to three months, and asked the plaintiff's mother's mother's whereabouts.

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, 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 by such fear, are unable to return to the country in which they resided before entering the Republic of Korea.

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