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(영문) 서울행정법원 2018.03.16 2017구단81468
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 24, 2016, the Plaintiff entered the Republic of Korea with a short-term visit (C-3) status on a short-term visit (C-3), and applied for refugee status to the Defendant on December 26, 2016.

B. On February 22, 2017, 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 March 10, 2017, the Plaintiff was notified of the instant disposition, and filed an objection with the Minister of Justice on April 4, 2017, but the said objection was dismissed on the same ground as on October 11, 2017.

[Reasons for Recognition] Facts without dispute, Gap 1, 4 evidence, Eul 1 and 2 evidence, and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. On October 16, 2016, the Plaintiff’s father, who was the president of the area B where the Plaintiff asserted, was designated as the successor, and the Plaintiff refused the succession as the senior senior.

However, if a successor refuses the succession, he/she should die, but another person can succeed to the president position, and the plaintiff is likely to murder from the village residents.

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 is likely to be injured on the grounds of race, religion, nationality, status as a member of a particular social group, or political opinion, or who does not want to return to the country in which he/she had resided before entering the Republic of Korea due to such fear.

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