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(영문) 서울행정법원 2019.07.23 2019구단8344

난민불인정결정취소

Text

1. All of the plaintiffs' claims are dismissed.

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

Reasons

1. During the disposition, the plaintiffs' nationality Russia's entry into the Republic of Korea of Sep. 3, 2017 (B-1, 60 days) Refugee Recognition Application (hereinafter "each Disposition of this case") dated September 7, 2017 of the date of application for refugee status exemption (B-1, 60 days) (hereinafter "each Disposition of this case"): The facts that there is no ground for rejection of the decision of the decision of April 10, 2018 of the date of application for objection that there is no sufficient ground for rejection of the decision of the decision of April 10, 2019 of the date of application for objection that the decision of the decision of May 24, 2018:

2. Whether the instant disposition is lawful

A. The plaintiffs' assertion that the plaintiffs A sold their lives in the market, and there was a conflict between the competitors and their competitors, thereby threatening their lives.

Plaintiff

A filed an application for recognition of refugee to avoid such threats, and even though Plaintiff B filed an application for recognition of refugee in accordance with the principle of family combination as a minor child of Plaintiff A, each of the dispositions of this case that did not recognize the Plaintiffs as refugee is unlawful.

B. (1) In full view of the provisions of Article 2 subparag. 1 and Article 18 of the Refugee Act, Article 1 of the Convention on the Status of Refugees, and Article 1 of the Protocol on the Status of Refugees, the Minister of Justice must recognize a foreigner in the Republic of Korea who is unable or does not want the protection of the country of his nationality due to well-founded fear of persecution for reasons of race, religion, nationality, membership of a particular social group, or political opinion, as a refugee.

“persecution” which is a requirement for refugee status refers to “any act causing serious infringement of, or discrimination against, essential human dignity, including threats to life, body, or freedom.” A foreigner who files an application for refugee status must prove that there is a “a sufficient-founded fear of fear.”

Shelled Sheet, Eul evidence 3-1, 2-2.