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(영문) 서울행정법원 2020.09.22 2020구단7910

난민불인정결정취소

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. In the course of the disposition, the following facts: (a) On January 18, 2018, the date of the application for refugee status B-1 (hereinafter “instant disposition”) filed on January 18, 2018, the date of entry into the Republic of Korea of the Republic of Korea of the Republic of Korea; (b) on July 23, 2019, the date of the application for refugee status recognition; (c) on July 23, 2019, the date of the decision of the court of decision of July 23, 2019; (d) there is no dispute over the recognition of the decision of rejection of the decision of the decision of December 23, 2019; (e) there is no ground for the determination of rejection of the decision of the court of decision of December 23, 2019

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion presented by the Plaintiff was forced the Plaintiff to go to a religious organization B to go to the Plaintiff, thereby posing a threat.

In the event that the Plaintiff returned to Kazakhstan, the instant disposition that did not recognize the Plaintiff as a refugee was unlawful despite the possibility of being stuffed for the said reasons.

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 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.”

Shebly, the reason alleged by the plaintiff is a private threat by a private person, which is only a matter to be solved through the protection of the judicial system of the country of nationality, and it does not constitute an stuff as a requirement for refugee status.

Plaintiff

on the basis of a statement.