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(영문) 서울행정법원 2017.11.21 2017구단73016
난민불인정결정취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

Details of the disposition

On February 17, 2016, the Plaintiff entered the Republic of Korea with visa exemption (B-1) status on February 17, 2016, and applied for refugee recognition to the Defendant on August 18, 2016.

On October 6, 2016, the Defendant rendered a disposition of non-approval of the Plaintiff’s application for refugee status (hereinafter “instant disposition”) on the ground that the Plaintiff’s assertion 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.

The Plaintiff dissatisfied with the instant disposition and filed an objection with the Minister of Justice on November 11, 2016, but the said objection was dismissed on February 24, 2017.

【Ground of recognition” without any dispute, Gap's evidence Nos. 1 through 4, Eul's evidence Nos. 1 and 2, and the purport of the entire pleadings and the purport of the disposition of this case as to the legitimacy of the disposition of this case, the plaintiff was living together with the female of Eul after divorce in 2004, and the former husband of Eul had threatened Eul and committed assault.

Therefore, although the plaintiff tried to solve the problem, the former husband of B was to kill the plaintiff.

For this reason, the plaintiff's return to his country is highly likely to be harmful to gambling.

Therefore, the instant disposition that did not recognize the Plaintiff as a refugee is unlawful.

Judgment

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 well-founded fear of persecution for reasons of race, religion, nationality, membership of a particular social group, or political opinion, are unable to be protected of the country of nationality or do not want to be protected of the country of nationality, or who, owing to such fear, cannot return to the country in which they resided before entering the Republic of Korea, or who, owing to such fear, do not want to return to the country of nationality, shall be recognized as a refugee, and “persecution” which is the requirement for recognition of a refugee is a threat to life, body or liberty

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