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(영문) 서울행정법원 2017.10.17 2017구단65954
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 October 8, 2013, the Plaintiff entered the Republic of Korea with short-term visit (C-3) sojourn status on short-term visit (C-3) and applied for refugee recognition to the Defendant on February 23, 2017.

On March 8, 2017, the Defendant rendered a disposition not to approve 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 March 27, 2017, but the said objection was dismissed on the same ground as on June 8, 2017.

【Ground of recognition” without any dispute, Gap 1, 2, 3 evidence, Eul 1 and 2 evidence, and the summary of the plaintiff’s assertion as to whether the disposition of this case is legitimate or not the whole purport of the pleading was established in the Southern East Eastern of 1967, but was absorbed into Maria on January 15, 1970.

In 2010, the Plaintiff joined an IPB as an organization of non-Afladra independent movement, and performed an independent movement.

On November 15, 2012, the Plaintiff was arrested and punished for five among the members of IPOB and the police during the meeting.

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 the protection of the country of nationality, or by such fear, return to the country in which they resided before entering the Republic of Korea.

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