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(영문) 서울행정법원 2017.11.02 2017구단29323
난민불인정결정취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. On December 6, 2013, the Plaintiff filed an application for refugee status with the Defendant on June 26, 2014, when he/she entered the Republic of Yemen (hereinafter referred to as “mentor”) as a foreigner of the nationality of the Republic of Yemen (hereinafter referred to as “B-2”), and the period of stay expires ( January 5, 2014).

On October 31, 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”).

The Plaintiff received a notice of decision on non-recognition of refugee status on December 9, 2016 and filed an objection with the Minister of Justice on December 29, 2016, but was dismissed on the same ground as of July 18, 2017.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence Nos. 1, 2 and 5, the purport of the whole pleadings

2. Whether the disposition is lawful;

A. In studying in the Malaysia, the gist of the Plaintiff’s assertion was as follows: (a) the Plaintiff was faced with a threat from the families of the Asia-Pacifics by speciesing in the Malaysia to a vertical wave.

In addition, it can not return to Korea due to the unstable situation in his country.

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 by the country of nationality or who, owing to such fear, do not want to be protected by the country of nationality, or who, owing to such fear, cannot return to the country of nationality or who resided in the country of nationality before entering the Republic of Korea, or who did not want to return to the country of nationality, shall be recognized as a refugee, and “persecution” which is the requirement for recognition of refugee status

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