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(영문) 서울행정법원 2019.02.13 2018구단18900

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, 2017, the Plaintiff entered Korea on May 20, 2017, and filed an application for refugee status with the Defendant on July 11, 2017.

B. On November 6, 2017, the Defendant rendered a disposition of non-recognition of refugee status (hereinafter “instant disposition”) to the Plaintiff on the ground that it is difficult to recognize “sufficiently based fear of persecution” as stipulated in Article 1 of the Convention on the Status of Refugees (hereinafter “Refugee”) and Article 1 of the Protocol Relating to the Status of Refugees (hereinafter “Refugee Protocol”).

C. On December 11, 2017, the Plaintiff filed an objection with the Minister of Justice, but was dismissed on September 3, 2018.

[Reasons for Recognition] Unsatisfy, 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, along with his parents, was killed by his parents, when his parents resided in the Kagnae (Plaintiff eight years old and older) and moved from the Gagnae to the Kagnae (Guediae).

The plaintiff suffered a threat due to the anti-groups in the carnets, and went into the Republic of Korea, leaving the world.

In the event that the plaintiff returns to the Republic of Korea, it is likely that he will suffer from gambling.

The instant disposition taken on a different premise is unlawful.

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 well-founded fear of being injured on the grounds of race, religion, nationality, membership of a particular social group, or political opinion, are unable to receive protection of the country of nationality or do not want protection of the country of nationality, or who, owing to such fear, are unable to return to or want to return to the country of nationality that had resided before entering the Republic of Korea.