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(영문) 서울행정법원 2017.05.17 2017구단6450
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 May 11, 2016, the Plaintiff entered the Republic of Korea with tourism Tong (B-2) status on May 11, 2016, and applied for refugee status to the Defendant on June 2, 2016.

B. On June 17, 2016, the Defendant rendered a disposition to deny the Plaintiff’s application for refugee status (hereinafter “instant disposition”) on the ground that the Plaintiff’s assertion does not constitute “a well-founded fear of persecution” as stipulated in Article 1 of the Refugee Convention and Article 1 of the Refugee Protocol.

C. The Plaintiff dissatisfied with the instant disposition and filed an objection against the Minister of Justice on July 25, 2016, but the Minister of Justice dismissed it on December 22, 2016.

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

2. Whether the instant disposition is lawful

A. The plaintiff asserted that the plaintiff applied for refugee status for the purpose of punishing for money by legally staying for a long time in the Republic of Korea.

In the event that the plaintiff returns home to his country, the disposition of this case, which 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 who, owing to a well-founded fear of persecution for reasons of race, religion, nationality, membership of a particular social group, or political opinion, are unable or do not want to be protected by the country of nationality, or who, owing to such fear, is unable or does not want to return to the country of nationality, which had resided in the Republic of Korea before entering the Republic of Korea, or who were unable or do not want to return to the country of nationality, and “persecution” which is the requirement for recognition of refugee refers to “any act causing serious infringement or discrimination on essential human dignity, including threats to life, body or freedom.”

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