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(영문) 서울행정법원 2019.03.06 2019구단357

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 July 27, 2016, the Plaintiff entered the Republic of Korea with visa exemption (B-1) status on July 27, 2016, and applied for refugee recognition to the Defendant on October 12, 2016.

B. On February 23, 2018, the Defendant rendered a decision on the refusal of refugee status (hereinafter “instant disposition”) on the ground that the Plaintiff cannot be deemed as having “a well-founded fear of persecution” as stipulated in Article 1 of the Convention on the Status of Refugees and Article 1 of the Protocol Relating to the Status of Refugees.

C. On February 26, 2018, the Plaintiff filed an objection with the Minister of Justice, but was dismissed 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 gist of the Plaintiff’s assertion is Turkey from the origin of the Cubar. At present, Turkey as an armed organization that wants to be separated from the Cubar and the Government of Turkey, has caused peace and security unstable, and the Government of Turkey has discrimination and suppression against Cubar who did not join B.

In addition, B is compelling cushions, including the plaintiff, to join.

Therefore, the instant disposition that did not recognize the Plaintiff as a refugee is unlawful, inasmuch as there exists a well-founded fear that the Plaintiff would be subject to gambling as above when returning to Turkey.

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 injured on the grounds of race, religion, nationality, status as a member of a particular social group, or political opinion, or a stateless foreigner who, due to such fear, cannot return to or does not want to return to the country in which he/she resided before entering the Republic of Korea.