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(영문) 서울행정법원 2017.04.19 2017구단52941
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. The Plaintiff entered the Republic of Korea on a short-term visit (C-3) on April 10, 2015, and applied for refugee status to the Defendant on April 17, 2015.

B. On April 21, 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 that would be subject to 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 May 20, 2016, but the Minister of Justice dismissed it on October 27, 2016.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 3, Eul evidence 1 to 3, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff asserted that the Plaintiff was the head of Araa Village’s satisfaction with the Plaintiff’s origin, but the Plaintiff died on September 2014, and the head of the village demanded that the Plaintiff succeed to the shortage.

The plaintiff refused to succeed to a person's organ because the consciousness of succession to a place of insufficient food violated his own dynamic belief, and later, the defendant threatened the plaintiff with the death of the plaintiff if he refuses to succeed to the organ.

For this reason, the disposition of this case which did not recognize the plaintiff as a refugee even though the plaintiff could be affected by gambling when he returns home to his country is illegal.

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 being injured on the grounds of race, religion, nationality, membership of a particular social group or political opinion, are not entitled to protection of the country of nationality or do not want protection of the country of nationality, or who, owing to such fear, resided in Korea before entering Korea.

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