beta
(영문) 서울행정법원 2019.09.05 2019구단64542

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 entered the Republic of Korea on January 5, 2016, with the status of stay C-3 (short-term visit) of the Republic of India (hereinafter “ India”).

B. On January 20, 2016, the Plaintiff filed an application for recognition of refugee status with the Defendant, but the Defendant, on December 15, 2017, issued a disposition on recognition of refugee status (hereinafter “instant disposition”) to the Plaintiff on the ground that it is difficult to recognize “profuges with sufficient grounds for fear of persecution” as stipulated in Article 1 of the Convention on the Status of Refugees (hereinafter “Refugee Convention”) and Article 1 of the Protocol on the Status of Refugees (hereinafter “Refugee Protocol”) and Article 1 of the Protocol on the Status of Refugees.

C. On January 11, 2018, the Plaintiff filed an objection with the Minister of Justice against the instant disposition. However, the Minister of Justice dismissed the Plaintiff’s objection on the same ground as on February 14, 2019.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence Nos. 1 through 3, and the purport of whole pleadings

2. The assertion and judgment

A. The Plaintiff’s assertion was operated by the Plaintiff, who had been residing in the Sastro and Kashirst, with a blick-ro Handphone.

On September 13, 2015, the Plaintiff received a demand from five (5) personnel who was killed in the military uniformed, who was unable to receive the demand from five (5) personnel who had returned home on September 21, 2015, to “a defect in the activities like our country,” and (4) did not comply therewith.

After getting out of the job, the Plaintiff reported to find a military inspection station in the vicinity immediately. Accordingly, the soldier called the Plaintiff, who was in the absence of personal identity, and was punished by five scamblings, and three scamblings were killed.

The two remaining persons have escaped on their job, and around 20:0 on September 18, 2015, they have returned to the market where "the plaintiff's shop is found again," but later, they have left the market.