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(영문) 서울행정법원 2019.09.27 2019구단65590

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. On May 20, 2017, the Plaintiff entered the Republic of Korea with a short-term visit (C-3) sojourn status on May 20, 2017, and applied for refugee status to the Defendant on June 1, 2017.

B. On September 11, 2018, the Defendant rendered a decision to deny refugee status on the ground that the grounds for applying for recognition of refugee status as alleged by the Plaintiff against the Plaintiff does not constitute “a well-founded fear of persecution” as stipulated by Article 1 of the Convention on the Status of Refugees (hereinafter “Refugee”) and Article 1 of the Protocol Relating to the Status of Refugees (hereinafter “Refugee Protocol”) as a requirement for refugee status.

(hereinafter “instant disposition”). C.

The Plaintiff filed an objection with the Minister of Justice on October 17, 2018, but the Minister of Justice dismissed the objection on May 27, 2019.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff asserted that the Plaintiff was affiliated with a confidential organization before his/her birth from those who did not appear in his/her funeral home in 2016 and that he/she operated his/her business with monetary assistance from the organization.

They used the Plaintiff to join a confidential organization, and threatened the Plaintiff that they would kill the Plaintiff and bring all of the money of the Plaintiff’s son if they do not join a confidential organization.

However, since the Plaintiff could not have been able to fluorize two new persons as a fluorian believers, he could not accept their demands, and he could not fluordly go against his body to the Republic of Korea, and applied for refugee status.

Therefore, the plaintiff should be deemed to be a person who has a well-founded fear that is likely to be injured by being a member of a specific social group, and the defendant who did not recognize the plaintiff as a refugee.