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(영문) 서울행정법원 2017.06.01 2017구단52859
난민불인정결정취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. On February 2, 2016, the Plaintiff entered the Republic of ASEAN (hereinafter referred to as “Naria”) as a foreigner of nationality, and applied for refugee status to the Defendant on February 15, 2016.

On February 18, 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”).

The Plaintiff received a notice of decision on non-recognition of refugee status on March 7, 2016, and filed an objection with the Minister of Justice on March 28, 2016, but was dismissed on the same ground on December 22, 2016.

[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 was a senior to a senior to a senior to a senior to a village, and the father of the Plaintiff was the president of sublimeing the friendship of the village.

After the Plaintiff’s father’s death, believers threatened the Plaintiff to be dead unless the Plaintiff succeeds to the president position within a given period.

In the event that the plaintiff returns to ASEAN, it is likely to be detrimental to persecution for this reason.

The instant disposition that did not recognize the Plaintiff as a refugee is unlawful.

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 well-founded fear of being harmed by reasons of race, religion, nationality, membership of a particular social group or political opinion, are not entitled to protection of the country of nationality or do not want protection of the country of nationality, or due to such fear.

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