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(영문) 서울행정법원 2018.11.14 2018구단19118

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 January 19, 2016, the Plaintiff entered the Republic of Kazakhstan (hereinafter “Kazakhstan”) as a foreigner of the nationality of the Republic of Kazakhstan, and applied for refugee status to the Defendant on September 23, 2016.

B. On August 3, 2017, the Defendant rendered a decision on the refusal of refugee status on the ground that the Defendant cannot recognize “ sufficiently based fears that would be prejudicial to persecution” as the 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.

(hereinafter “instant disposition”). C.

The Plaintiff filed an objection with the Minister of Justice on August 21, 2017, but the Minister of Justice dismissed the objection on June 12, 2018.

【Ground of recognition】 The fact that there has been no dispute, Gap's 1 through 4, Eul's 1, 2, and 3, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff asserted from January 2015, 2015, the Plaintiff worked as an employee at the upper part of the clothes for clothing operated by a person C in the B market of Kazakhstan as well as D, a private village student.

However, on October 27, 2015, when a fire occurred at the above upper point and the upper point were destroyed, C mispercing that the plaintiff who was last at the upper point prior to the occurrence of the fire and the middle village living together with the private village living together with the plaintiff, and demanded the plaintiff and the private village living together to pay damages of USD 100,000 in U.S. dollars.

Although the plaintiff and the deceased were not responsible for the occurrence of fire, the plaintiff and the deceased were already paid USD 48,000 to C, and the remaining USD 52,000 should be additionally paid.

There is a well-founded fear that if the Plaintiff returned to Kazakhstan, it can be stuffed by C.

B. According to the relevant relevant laws and regulations, in order for a refugee applicant to be recognized as a refugee, the gambling that the refugee applicant claimed as the subject of the fear is the race, religion, and so on.