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(영문) 서울행정법원 2017.09.21 2017구단24175
난민불인정결정취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The Plaintiff filed an application for refugee status with the Defendant on August 24, 2015, following the expiration date of the period of stay ( December 19, 2009) after entering the Republic of India as a foreigner of nationality (C-3) under the short-term visit (C-3) sojourn status on September 20, 209.

On July 27, 2016, the Defendant rendered a disposition of non-recognition of refugee status (hereinafter referred to as “instant disposition”) to the Plaintiff on the ground that the Plaintiff’s assertion does not constitute “a sufficiently-founded fear that it would be prejudicial to persecution” as stipulated in Article 1 of the Convention on the Status of Refugees (hereinafter referred to as “Refugee”) and Article 1 of the Protocol Relating to the Status of Refugees (hereinafter referred to as “Refugee Protocol”).

On August 12, 2016, the Plaintiff filed an objection with the Minister of Justice on August 12, 2016, but was dismissed on June 8, 2017.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence Nos. 1, 2 and 4, the purport of the whole pleadings

2. Whether the disposition is lawful;

A. The gist of the Plaintiff’s assertion was that the Plaintiff, as a person who was a legitimate support for the branch of the Cresy, engaged in the activities of encouraging the residents of the village to vote for a half year. On August 20, 2008, the opposing political party BJP (Ba Jya JP) who had failed to cast an election, sought to be the Dans Party Office, and assaulted Dons and people into a wooden class, and the Plaintiff escaped.

B. In full view of the provisions of Article 2 subparag. 1 and Article 18 of the former Refugee Act, Article 1 of the Refugee Convention, and Article 1 of the Refugee Protocol, foreigners who, owing to a well-founded fear of persecution for reasons of race, religion, nationality, membership of a particular social group, or political opinion, are unable or do not want the protection of the country of nationality, or who, owing to such fear, cannot return to, or do not want to return to, the country of nationality that had resided in the Republic of Korea before entering the Republic of Korea, shall be recognized as refugee, and recognition of refugee.

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