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(영문) 서울행정법원 2018.07.13 2018구단10852
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 August 25, 2016, the Plaintiff entered the Republic of Korea with the status of stay for general training (D-4) on August 25, 2016, and applied for refugee status to the Defendant on February 24, 2017.

B. On March 8, 2018, 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.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 3, Eul evidence Nos. 1 and 2, and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion was a wholesaler dealing with clothes, shoess, etc., but around 2015, when the Plaintiff died, the Nonparty’s obligee demanded that the Plaintiff repay his/her obligation to the Plaintiff. Accordingly, the Plaintiff’s defect in disposing of his/her family property and the Plaintiff’s penalty threatened the Plaintiff, against this backdrop.

On the other hand, there is no good security in the horse, so kidnapping frequently occurs, and it is not safe due to anti-groups.

Therefore, the defendant's disposition of this case which did not recognize the plaintiff as a refugee despite high possibility that the plaintiff would be subject to gambling when he returns to the country of nationality is illegal.

B. The term “refugee” refers to a foreigner who is unable or does not want to be protected by the country of nationality due to well-founded fear to recognize that he/she may be injured on the grounds of race, religion, nationality, status as a member of a particular social group, or political opinion, or a stateless foreigner who, owing to such fear, is unable to return to or does not want to return to the country in which he/she resided before entering the Republic of Korea.

(Article 2 subparag. 1 of the Refugee Act). However, even if the plaintiff's assertion is recognized, the creditors of the reference are creditors.

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