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(영문) 서울행정법원 2019.06.19 2019구단54774

난민불인정결정취소

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1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Details of the disposition;

A. The plaintiffs are foreigners of nationality of the Republic of Naria, the Republic of Naria (hereinafter referred to as "Naria"), and plaintiffs A and B are married couple, and plaintiffs C are their children.

Plaintiff

A entered the Republic of Korea on August 21, 2013 as the status of stay for studying (D-2), and Plaintiff B and C entered the Republic of Korea on July 23, 2014 as the status of stay for short-term visits (C-2).

On June 30, 2017, the Plaintiffs filed each application for recognition of refugee status with the Defendant (hereinafter “instant application”).

B. On June 22, 2018, the Defendant rendered a decision on the recognition of refugee status on the ground that the “ sufficiently based fear that the Plaintiffs would be subject to persecution” stipulated in Article 1 of the Convention on the Status of Refugees and Article 1 of the Protocol Relating to the Status of Refugees cannot be recognized.

(hereinafter “instant disposition”). C.

The Plaintiffs filed an objection with the Minister of Justice on July 4, 2018, but the Minister of Justice dismissed the objection on February 14, 2019.

【In the absence of a dispute over the grounds for recognition, the entries in Gap evidence 1 through 9 and Eul evidence 1 through 3 (including each number, if any, hereinafter the same shall apply) and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The plaintiffs' assertion that they are the believers A, who is a senior to the Maternia, a country of nationality, refused to become the president of traditional religion, thereby being threatened with the lives of the villagers.

Plaintiff

B and Plaintiff C should be recognized as a refugee in accordance with the principle of family-combinedness because Plaintiff A constitutes a refugee.

In addition, if the plaintiffs return to Austria, it is not safe from threats such as Islamic armed groups D, the people, etc.

Therefore, the instant disposition, which was taken on a different premise, is unlawful, even though the Plaintiffs were stuffed for religious reasons in Austria.

(b) Determination 1 is a member of a particular social group of race, religion, nationality, and origin of the refugee applicant.