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(영문) 서울행정법원 2019.03.29 2019구단50178

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. The plaintiff is well-known.

On May 28, 2016, a national of the Republic of Korea (hereinafter referred to as "Korea"), entered the Republic of Korea as a short-term visit (C-3) sojourn status, and filed an application for refugee status with the Defendant on August 22, 2016.

B. On January 22, 2018, the Defendant rendered a decision to deny refugee status on the ground that the grounds for applying for recognition of refugee status as alleged by the Plaintiff against the Plaintiff does not constitute “a well-founded fear of persecution” as stipulated by 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”) as a requirement for refugee status.

(hereinafter “instant disposition”). C.

The Plaintiff filed an objection with the Minister of Justice on February 19, 2018, but the Minister of Justice dismissed the objection on September 14, 2018.

[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 is well-known.

에서 B 양조장 사장의 개인 운전기사로 근무하고 있었는데, 사장이 회사 돈을 횡령하여 원고 명의로 토지를 구입한 뒤 마치 원고가 회사 돈을 횡령한 것처럼 누명을 씌웠다.

Although the plaintiff was arrested by the police, the plaintiff paid money to the police, and the president who became aware of the plaintiff's release was employed to seek money from the plaintiff and intended for the benefit of the plaintiff.

The Plaintiff’s aforementioned situation constitutes a well-founded fear that there is sufficient ground to recognize that the Plaintiff may be harmed on the ground that he/she is a member of a specific social group, and the Plaintiff does not want to be protected from the country of nationality.

Nevertheless, the defendant's disposition of this case which did not recognize the plaintiff as a refugee should be revoked in an unlawful manner.

B. Determination 1 of the Refugee Act is based on the status of refugee in accordance with the Refugee Convention and the Refugee Protocol.

참조조문