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(영문) 서울행정법원 2021.02.16 2020구단75562

난민불인정결정취소

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The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Details of the disposition;

A. On November 1, 2017, the Plaintiff entered the Republic of Korea as a foreigner of Malaysia’s nationality eligible for visa exemption (B-1) on November 1, 2017.

B. On January 11, 2018, the Plaintiff applied for recognition of refugee status to the Defendant. However, on August 12, 2019, the Defendant rendered a decision of non-recognition of refugee status (hereinafter “instant disposition”) on the ground that the Plaintiff’s assertion would be subject to 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 August 21, 2019, the Plaintiff filed an objection with the Minister of Justice, but the Minister of Justice dismissed the Plaintiff’s objection on December 23, 2019.

[Grounds for Recognition] Unsatisfy, Gap evidence Nos. 1 through 4, Eul evidence Nos. 1 through 4, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff asserted that he had been witnessed of a superior transaction in his home country, and reported it to the police on the suspicion of narcotics transaction.

After the report, 2-3 days passed from the plaintiff driving the vehicle, the plaintiff was a person who reported the plaintiff while the plaintiff was driving the vehicle, and they assault the plaintiff, and they threatened the plaintiff that the plaintiff would die again.

In the event that the plaintiff returned to his own country, the disposition of this case which did not recognize the plaintiff as a refugee despite the possibility of persecution in the above circumstances is unlawful.

B. (1) Determination 1) The term “victims” is likely to be detrimental on grounds of race, religion, nationality, status as a member of a particular social group or political opinion.

A foreigner who is not entitled to, or does not want to, the protection of a State of nationality due to well-founded fear of fear, or a person of stateless nationality who, because of such fear, cannot return to, or does not want to return to, the State in which he resided before entering the Republic of Korea (Article 2 of the Civil Code).

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