beta
(영문) 서울행정법원 2019.07.24 2019구단8924

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 11, 2016, the Plaintiff entered the Republic of Korea with tourism and Tong (B-2) sojourn status on July 11, 2016, and applied for refugee status to the Defendant on September 19, 2016.

B. On November 13, 2017, the Defendant rendered a decision on the recognition of refugee status (hereinafter “instant disposition”) on the ground that the Plaintiff cannot be deemed as having “a sufficiently-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 January 24, 2018, the Plaintiff filed an objection with the Minister of Justice on January 24, 2018, but the objection was dismissed on April 10, 2019.

[Reasons for Recognition] Unsatisfy, Gap evidence 1 to 3, Eul evidence 1 and 2, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. From springing in 2014, the Plaintiff’s summary of the Plaintiff’s assertion had a terrorist group called “B” (hereinafter “instant group”) wear the Plaintiff’s wife and forced the instant organization to wear the Plaintiff’s attempt in a manner desired by the instant organization.

Therefore, the instant disposition that did not recognize the Plaintiff as a refugee on a different premise is unlawful, inasmuch as there exists a well-founded fear that the Plaintiff would be subject to stuffing from the instant organization in the event that the Plaintiff returned to the Republic of Korea with Twitstan.

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, due to such fear, could not return to, or does not want to return to, a country in which he/she resided before entering the Republic of Korea (the Refugee Act).

참조조문