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(영문) 서울행정법원 2017.07.12 2017구단16068
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 May 20, 2015, the Plaintiff entered the Republic of Korea with the Tourism Department (B-2) status on May 20, 2015, and applied for refugee status to the Defendant on June 1, 2015.

B. On January 11, 2016, the Defendant rendered a disposition to deny the Plaintiff’s application for refugee status (hereinafter “instant disposition”) on the ground that the Plaintiff’s assertion does not constitute “a well-founded fear of persecution” as stipulated in Article 1 of the Refugee Convention and Article 1 of the Refugee Protocol.

C. The Plaintiff dissatisfied with the instant disposition and filed an objection against the Minister of Justice on February 16, 2016, but the Minister of Justice dismissed it on December 22, 2016.

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

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion was married around 2000, but the Plaintiff had a large number of friends and friends, thereby having been divorced around 2004, and the Plaintiff resumed thereafter.

However, from around 2001, the parents of the former wife began to threaten the Plaintiff to continue to live with the former wife and to refer to it, and was detained for six months by filing a false theft report of the former parents.

In addition, in 2006, the plaintiff has a knife and a knife with knife from the snife of the front place.

For this reason, the disposition of this case which did not recognize the plaintiff as a refugee even though the plaintiff could be affected by gambling when he returns home to his country is illegal.

B. In full view of the provisions of Article 2 subparag. 1 and Article 18 of the Refugee Act, Article 1 of the Refugee Convention, and Article 1 of the Refugee Protocol, foreigners who, owing to a well-founded fear of being injured on the grounds 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 who, owing to such fear, resided in Korea before entering Korea.

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