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(영문) 서울행정법원 2017.04.26 2017구단1158
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 June 28, 2016, the Plaintiff entered the Republic of Korea with a short-term visit (C-3) sojourn status on June 28, 2016, and applied for refugee recognition to the Defendant on July 8, 2016.

B. On August 23, 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.

C. The Plaintiff dissatisfied with the instant disposition and filed an objection against the Minister of Justice on September 12, 2016, but the Minister of Justice dismissed the objection on December 22, 2016.

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

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion is threatening to kill the Plaintiff unless the employer compensates for Oral Ba, as the Oral Ba was stolen at the upper part of Oral Ba, where the Plaintiff was on the part of the Plaintiff.

For this reason, the disposition of this case which did not recognize the plaintiff as a refugee even though the plaintiff could be affected by gambling when he returns home to his country is illegal.

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, and Article 1 of the Refugee Protocol, foreigners who, owing to a well-founded fear of persecution for reasons of race, religion, nationality, membership of a particular social group, or political opinion, are unable or do not want to be protected by the country of nationality, or who, owing to such fear, is unable or does not want to return to the country of nationality, which has resided in the Republic of Korea before entering the Republic of Korea, or who, owing to such fear, did not want to return to the country of nationality, and “persecution” which is the requirement for recognition of refugee status is against the essential human dignity including threats to life, body or liberty.

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