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(영문) 서울행정법원 2017.05.11 2017구단7477
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 March 29, 2016, the Plaintiff, a foreigner of C-3 nationality of C-3, entered and staying in the Republic of Korea on a short-term visit (C-3) on April 21, 2013, and filed an application for refugee status with the Defendant.

B. On April 19, 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 dissatisfied with the instant disposition and filed an objection with the Minister of Justice on May 4, 2016, but was dismissed on December 22, 2016, and the Plaintiff received a notice of dismissal decision on January 6, 2017.

[Reasons for Recognition] Unsatisfy, Gap evidence 2, 3, Eul evidence 1, 2, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s father, who was the representative of the area B in the area B per Coddiar FPI (Front Populare Ivorien), was killed by anti-military FCI staff, and the Plaintiff was also threatened with murder by the FCI staff staff.

Therefore, the defendant's disposition of this case made on a different premise is unlawful even though the plaintiff was a refugee suffering from persecution.

B. (1) Determination (1) Article 2 Subparag. 1 of the Refugee Act provides that a refugee refers to a foreigner who is unable or does not want to be protected by a country of nationality due to a well-founded fear of being recognized that he/she may be imprisoned on the grounds of race, religion, nationality, membership of a particular social group, or political opinion, or a stateless foreigner who, due to such fear, cannot return to or does not want to return to a country in which he/she had resided before entering the Republic of Korea.

At this time, the term "persecution" to be received by the foreigner is against life, body or freedom.

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