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(영문) 서울행정법원 2017.05.17 2017구단1417
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 February 15, 2011, the Plaintiff entered the Republic of Korea with the status of non-professional employment (E-9) status as a foreigner of the Republic of Korea (hereinafter “NE”)’s nationality, and filed an application for refugee status with the Defendant on December 2, 2015.

B. On April 11, 2016, the Defendant issued a disposition to recognize refugee status (hereinafter “instant disposition”) on the ground that the Plaintiff cannot be deemed as having “a well-founded fear that the Plaintiff would suffer from persecution” as stipulated in Article 1 of the Convention on the Status of Refugees (hereinafter “Refugee”) and Article 1 of the Protocol Relating to the Status of Refugees (hereinafter “Refugee Protocol”).

C. The Plaintiff appealed to the Minister of Justice on May 2, 2016, but the Minister of Justice dismissed the Plaintiff’s objection on December 22, 2016.

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

2. Whether the disposition is lawful;

A. The gist of the Plaintiff’s assertion is that the Plaintiff has been forced to pay contributions and join an organization from the organization of the Mamban Mukti Mscha, claiming the autonomy of the other non-national minority groups in the four arms.

Therefore, it shall be deemed that there is a risk of persecution in the event that the Plaintiff returned to the Republic of Korea, and the instant disposition that did not recognize the Plaintiff as a refugee should be deemed unlawful.

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, a foreigner 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, is unable or does not want the protection of the country of nationality, or a foreigner who, owing to such fear, is unable to return to or does not want to return to the country in which he had resided before entering the Republic of Korea.

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