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(영문) 서울행정법원 2018.04.04 2017구단80533
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 2, 2014, the Plaintiff filed an application with the Defendant for recognition of refugee status as a foreigner of the nationality of the Republic of mentmen (hereinafter “Emenmen”).

B. On October 26, 2016, the Defendant rendered a disposition of non-recognition of refugee status on the ground that it cannot be deemed that the Plaintiff was a person with a well-founded fear that the Plaintiff would be injured by gambling.

(hereinafter “instant disposition”). C.

The Plaintiff filed an objection with the Minister of Justice on December 26, 2016, but the Minister of Justice dismissed the objection on July 18, 2017.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 4, Eul evidence 1 to 4, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff asserts that the Plaintiff is the Islamic Bm, and D-W, which was formed by the mentmen around Bmp and the hostile relationship, was still underway against the government of the mentmen around 2004. The Plaintiff’s first sentence, who served as the mentmen government, died of D-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-

B. Therefore, Article 2 subparag. 1 of the Refugee Act defines “Refugee” as “a foreigner who is unable or does not want to be protected due to a well-founded fear to recognize that he/she may be harmed on the grounds of race, religion, nationality, status as a member of a particular social group, or political opinion, or a foreigner who is a stateless foreigner who is unable or does not want to return to the country in which he/she had resided before entering the Republic of Korea due to such fear,” and according to the above provision, in order to be recognized as a refugee, the fear claimed by the applicant for refugee is “a race, religion, nationality, status as a member of a particular social group, or political opinion.”

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