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(영문) 서울행정법원 2017.08.25 2017구단19340
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 30, 2016, the Plaintiff entered the Republic of Korea with a short-term visit (C-3) sojourn status on a short-term basis on August 30, 2016, and applied for refugee status to the Defendant on September 12, 2016.

B. On September 26, 2016, the Defendant rendered a decision on the recognition of refugee status (hereinafter “instant disposition”) 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 a requirement of refugee under Article 1 of the Convention on the Status of Refugees and Article 1 of the Protocol Relating to the Status of Refugees.

C. The Plaintiff was notified of the instant disposition on October 4, 2016, and filed an objection with the Minister of Justice on October 31, 2016, but the said objection was dismissed on April 21, 2017.

[Reasons for Recognition] Facts without dispute, Gap 1, 2 evidence, Eul 1 and 2 evidence, and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion is the Maternian Island. On August 29, 2015, the collision between Muslim and Maternianians located in the northwest of Maternia, where the Plaintiff was living, and the Plaintiff’s store was fireproof, the Plaintiff’s father, punishment, and death, and the Plaintiff’s attack may be attacked from Muslim.

Therefore, the defendant's disposition of this case which did not recognize the plaintiff as a refugee despite high possibility that the plaintiff would be subject to gambling when he returns to the country of nationality is illegal.

B. 1) The term “refugee” means a foreigner who is unable or does not want to be protected by the country of nationality due to well-founded fear to recognize that he/she may be injured on the grounds of race, religion, nationality, status as a member of a particular social group, or political opinion, or a stateless foreigner who, due to such fear, cannot return to, or does not want to return to, the country in which he/she resided before entering the Republic of Korea (Article 2 subparag. 1. 2 of the Refugee Act).

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