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(영문) 서울행정법원 2017.08.11 2017구단61174
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 March 29, 2016, the Plaintiff entered the Republic of Korea with a short-term visit (C-3) sojourn status on a short-term visit (C-3) and applied for refugee status to the Defendant on May 19, 2016.

B. On May 30, 2016, the Defendant rendered a decision on the recognition of refugee status (hereinafter “instant disposition”) to the Plaintiff on the ground that the Plaintiff’s assertion does not constitute a case of “a well-founded fear that would be subject to persecution” as a requirement of refugee under Article 1 of the Convention on the Status of Refugees and Article 1 of the Protocol on the Status of Refugees.

C. On June 27, 2016, the Plaintiff filed an objection with the Minister of Justice, but the said objection was dismissed on the same ground as on February 24, 2017.

[Reasons for Recognition] Facts without dispute, Gap 1, 2 evidence, Eul 1 and 2 evidence, and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The plaintiff alleged that the plaintiff was Muslim, but it was threatened with his father's and the third villages, and thereafter acquired permanent residence rights by moving to the South Africa. However, there was a threat from the alleged foreign offenders.

Therefore, the defendant's disposition of this case which did not recognize the plaintiff as a refugee despite high possibility that the plaintiff would be subject to gambling when he returns to the country of nationality is illegal.

B. 1) The term “refugee” means a foreigner who is unable or does not want to be protected by the country of nationality due to well-founded fear to recognize that he/she may be injured on the grounds of race, religion, nationality, status as a member of a specific social group, or political opinion, or a foreigner who is a stateless foreigner who is unable or does not want to return to the country in which he/she had resided before entering the Republic of Korea due to such fear (Article 2 Subparag. 1). 2 of the Refugee Act) and who is a requirement for the recognition of refugee status, including a threat to life, body, or freedom.

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