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(영문) 서울행정법원 2017.09.08 2016구단30234
난민불인정결정취소
Text

1. On June 7, 2016, the Defendant revoked the disposition against the Plaintiff for non-recognition of refugee status.

2. The costs of the lawsuit are assessed against the defendant.

Reasons

1. Details of the disposition;

A. The Plaintiff, as a national, entered the Republic of Korea on July 15, 2010, filed an application for refugee status with the Defendant on May 27, 2016, after entering the Republic of Korea.

B. On June 7, 2016, the Defendant rendered a decision on the recognition of refugee status (hereinafter “instant disposition”) 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. The Plaintiff filed an objection with the Minister of Justice on July 18, 2016, but the said objection was dismissed on the same ground as October 27, 2016.

[Reasons for Recognition] Unsatisfy, Gap evidence Nos. 1, 2, Eul evidence Nos. 1 and 2, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The plaintiff's assertion is Muslim. The plaintiff entered the Republic of Korea and entered the Republic of Korea, and it became known to the family members of Eul who entered the Republic of Korea.

Therefore, the defendant's disposition of this case that did not recognize the plaintiff as a refugee is unlawful even though the possibility that the plaintiff would be detrimental to gambling for religious reasons is high when the plaintiff returned to Eul.

(b) as shown in the attached Form of the relevant statutes;

C. In full view of the requirements for refugee status, Articles 1 and 2 subparag. 1 of the Refugee Act, Article 1 of the 1951 Convention on the Status of Refugees (hereinafter “Refugee Convention”), Article 1 of the 1951 Protocol on the Status of Refugees, and Article 1 of the Protocol on the Status of Refugees, the Minister of Justice shall apply to 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, due to such fear, cannot return to the country of nationality that had resided before entering the Republic of Korea, or who does not want to return to the country of nationality.

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