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(영문) 서울행정법원 2017.07.06 2017구단60102
난민불인정결정취소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. On July 2, 2016, the Plaintiff entered the Republic of Korea as a foreigner of the Republic of Canada (hereinafter referred to as “C-3”), and applied for refugee status to the Defendant on July 14, 2016, after entering the Republic of Korea as a short-term visit (C-3).

On October 11, 2016, the Defendant rendered a disposition of non-recognition of refugee status (hereinafter referred to as “instant disposition”) to the Plaintiff on the ground that the Plaintiff’s assertion does not constitute “a sufficiently-founded fear that it would be prejudicial to persecution” as stipulated in Article 1 of the Convention on the Status of Refugees (hereinafter referred to as “Refugee”) and Article 1 of the Protocol Relating to the Status of Refugees (hereinafter referred to as “Refugee Protocol”).

On October 14, 2016, the Plaintiff received a notice of decision on non-recognition of refugee status, and filed an objection with the Minister of Justice on November 11, 2016, but was dismissed on the same ground as on February 24, 2017.

[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 disposition is lawful;

A. After the Plaintiff’s assertion died of the father’s father, who was the head of the high village village in the direction of the Plaintiff’s claim, the village senior citizens decided to have the Plaintiff succeed to the head of the family, but the Plaintiff, who was the senior vice-head, rejected the Plaintiff’s claim.

After that, the plaintiff was arrested, detained, and left Korea immediately after the escape of the plaintiff.

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

(b) In full view of the provisions of Article 2 subparag. 1 and Article 18 of the former Refugee Act, Article 1 of the Refugee Convention, and Article 1 of the Refugee Protocol, foreigners who, owing to well-founded fear of being injured on the grounds of race, religion, nationality, membership of a particular social group or political opinion, are unable to be protected of the country of nationality or who do not want the protection of the country of nationality, or who, owing to such fear, resided in the country of nationality before entering the Republic of Korea.

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