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(영문) 서울행정법원 2017.11.22 2017구단23820
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 April 9, 2014, the Plaintiff entered the Republic of Korea with the tourism conference (B-2) status on April 9, 2014, and applied for refugee status to the Defendant on April 14, 2014.

B. On December 28, 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 to the Plaintiff 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 January 26, 2017, but the Minister of Justice dismissed the objection on July 18, 2017.

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

2. Whether the instant disposition is lawful

A. The Plaintiff asserted that he was aware of the teaching system with female friendly-gu, followed a serious violence against female friendlys, and the Plaintiff’s punishment was killed by knife.

The plaintiff is likely to be threatened by the family members of the female-friendly Gu at the time of returning to Korea, and is likely to be arrested because he/she has escaped from military service.

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 persecution for reasons of race, religion, nationality, membership of a particular social group, or political opinion, are unable or do not want the protection of the country of nationality, or who, owing to such fear, cannot return to, or do not want to return to, the country of nationality that had resided in the Republic of Korea before entering the Republic of Korea, should be recognized as a refugee, and recognition of a refugee.

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