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(영문) 서울행정법원 2019.10.17 2019구단11647

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 May 30, 2017 with the status of stay C-3 (short-term visit) from May 30, 2017.

B. On June 13, 2017, the Plaintiff filed an application for recognition of refugee status with the Defendant, but on September 20, 2018, the Defendant rendered a disposition for recognition of refugee status (hereinafter “instant disposition”) to the Plaintiff on the ground that it is difficult to recognize “the well-founded fear of persecution” as prescribed by 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 (hereinafter “Refugee Protocol”).

C. On October 19, 2018, the Plaintiff filed an objection against the instant disposition with the Minister of Justice. However, the Minister of Justice dismissed the Plaintiff’s objection on the same ground as on May 27, 2019.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 3, Eul evidence 1 to 3, and the purport of whole pleadings

2. The assertion and judgment

A. The Plaintiff’s assertion was the original Tol, and the Plaintiff’s father continued to force the Plaintiff to open to Islamic bridge. From around 2015, the Plaintiff exercised violent violence.

In the event that the plaintiff returns to the Republic of Korea, he/she may still be threatened with the plaintiff's life or physical freedom from his/her father for this reason.

Nevertheless, the defendant's disposition of this case which did not accept the plaintiff's application for refugee status should be revoked as it is unlawful.

B. Article 2 Subparag. 1 of the Refugee Act provides sufficient grounds for recognizing that refugee status may be respected on the grounds of race, religion, nationality, status as a member of a specific social group or political opinion.