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(영문) 서울행정법원 2017.10.31 2017구단25710
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 December 27, 2015, the Plaintiff entered the Republic of Korea with a short-term visit (C-3) sojourn status on December 27, 2015, and applied for refugee status to the Defendant on March 2, 2016.

On April 21, 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 does not constitute “a well-founded fear that would be subject to 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 May 11, 2016, but the said objection was dismissed on the same ground as on June 8, 2017.

[Ground of recognition] In the absence of 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, violence in the area where the plaintiff lives was rejected on March 15, 2013, after finding the car repair point operated by his father and demanding 50,000 Bangladesh.

Therefore, violence has destroyed fluority and assaulted the father of the plaintiff.

In addition, violence ships brought the plaintiff to a gun around October 20, 2015, which was suspected of carrying firearms.

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 subparagraph 1 of Article 2 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, are unable to return to or do not want to return to the country in which they resided before entering the Republic

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