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(영문) 서울행정법원 2017.09.06 2017구단65428
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 6, 2016, the Plaintiff entered the Republic of Korea on July 6, 2016, and applied for refugee status to the Defendant on August 9, 2016.

B. On August 25, 2016, the Defendant rendered a disposition of non-recognition of refugee status (hereinafter “instant disposition”) to the Plaintiff on the ground that the Plaintiff cannot be deemed as having “a sufficiently-founded fear of persecution” as stipulated in Article 1 of the Convention on the Status of Refugees and Article 1 of the Protocol Relating to the Status of Refugees.

C. As to this, the Plaintiff filed an objection with the Minister of Justice on September 12, 2016, but was dismissed on February 24, 2017.

[Ground of recognition] Evidence Nos. 1 through 6, Evidence Nos. 1 through 5, and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The gist of the Plaintiff’s assertion is Egbo, and the Plaintiff was, in order to recover the sovereignty of Safra, which was established by declaring separation as the subject of Eafra in the Southern East East East Eastern, the Plaintiff joined an IPOB (IPB) organization on August 2015, and demanded the release of Safra, and participated in the demonstration twice.

For that reason, the plaintiff is likely to be injured by the government.

In addition, the threat of the plaintiff is also likely to be threatened with Pool.

Nevertheless, 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 Refugee Act, Article 1 of the Refugee Convention, and Article 1 of the Refugee Protocol, foreigners in the Republic of Korea who are unable to be protected by the country of nationality or who do not want to be protected by the country of nationality due to well-founded fear of being injured on the grounds of race, religion, nationality, membership of a particular social group, or political opinion, should be recognized as refugee, and “persecution” which is the requirement for recognition of refugee status is either life, body or freedom.

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