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(영문) 서울행정법원 2018.05.01 2017구단75340
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 October 29, 2016, the Plaintiff entered the Republic of Korea with a visa visa (B-2) granted on October 29, 2016, and applied for refugee status to the Defendant on November 21, 2016.

B. On July 31, 2017, the Defendant rendered a decision on refugee status refusal (hereinafter “instant disposition”) against the Plaintiff on the ground that the Plaintiff’s assertion does not constitute a case of “a well-founded fear of persecution,” as stipulated in Article 1 of the Convention on the Status of Refugees (hereinafter “Refugee”) and Article 1 of the Protocol Relating to the Status of Refugees (hereinafter “Refugee Protocol”).

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

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion was a traffic accident in the country of nationality, and as the victim died, his bereaved family members continued to kill the Plaintiff, such as leading the Plaintiff to total attack or attempting to drive the Plaintiff on the same way.

In the event that the plaintiff returned to a country of nationality, the disposition of this case, which did not recognize the plaintiff as a refugee, is unlawful, despite the possibility of persecution in the above circumstances.

B. In full view of the provisions of Article 2 subparag. 1 of the Refugee Act, Article 1 of the Refugee Convention, and Article 1 of the Refugee Protocol, a foreigner who, owing to well-founded fear of persecution for reasons of race, religion, nationality, membership of a particular social group, or political opinion, is unable or does not want the protection of the country of nationality, or who, owing to such fear, is unable or does not want to return to the country in which he/she resided before entering the Republic of Korea, or who, owing to such fear, does not want to return to the country of nationality.

Here, "persecution", which is a requirement for recognition of refugee status, is against the essential human dignity, including threats to life, body or freedom.

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