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(영문) 서울행정법원 2019.06.27 2019구단5673

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 15, 2017, the Plaintiff entered the Republic of Korea as a foreigner with a nationality or nationality status of short-term visit (C-3) on a short-term basis.

B. On January 18, 2017, the Plaintiff applied for refugee status to the Defendant. However, on April 20, 2018, the Defendant rendered a decision to recognize refugee status (hereinafter “instant disposition”) on the ground that the Plaintiff’s assertion would be subject to persecution as stipulated in Article 1 of the Convention on the Status of Refugees and Article 1 of the Protocol on the Status of Refugees.

C. The Plaintiff filed an objection with the Minister of Justice on May 25, 2018, but the Minister of Justice dismissed the Plaintiff’s objection on February 14, 2019.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1 to 3, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s father’s assertion was the president of the Jeon Telecommunication Culture.

Although his father tried to take the president position in the Plaintiff, the Plaintiff thought that he would not good for the former Telecommunication around 18 years of age, and refused to succeed to the position of the President of Rolo who moved to the Rolo, who was changing to the Dolo.

As a result, people related to the enhancement of telecommunications have attempted to capture the plaintiff several times, and have threatened the plaintiff.

In the event that the plaintiff returns to his home country, the disposition of this case which did not recognize the plaintiff as a refugee even though it is likely to be detrimental to gambling due to such circumstances is unlawful.

B. 1) The term “refugee” means 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 harmed by race, religion, nationality, status as a member of a particular social group, or political opinion, or a stateless foreigner who is unable or does not want to return to the country in which he/she resided before entering the Republic of Korea due to such fear (Article 2 subparag. 1 of the Refugee Act).