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(영문) 서울행정법원 2017.11.22 2017구단29675
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 December 26, 2016, the Plaintiff entered the Republic of Korea on December 26, 2016, and applied for refugee recognition to the Defendant on January 20, 2017.

B. On January 31, 2017, the Defendant rendered a disposition of non-recognition of refugee status (hereinafter “instant disposition”) 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. On February 9, 2017, the Plaintiff filed an objection with the Minister of Justice on February 9, 2017, but the objection was dismissed on July 18, 2017.

[Ground of recognition] Evidence Nos. 1 through 4, Evidence Nos. 1 through 4, and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The gist of the Plaintiff’s assertion was in dispute with neighbors who want to extract the Plaintiff’s land in his own country. During that process, the Plaintiff fighting with neighbors, while the Plaintiff was at the time of the head of the adjoining neighbors.

After that, adjoining neighbors died, and neighboring families are trying to kill the plaintiff.

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 persecution for reasons of race, religion, nationality, membership of a particular social group, or political opinion, should be recognized as refugee. “persecution” which is the requirement for recognition of refugee refers to “an act causing serious infringement or discrimination against essential human dignity, including threats to life, body or freedom,” and thus, a foreigner applying for recognition of refugee has sufficient grounds.

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