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(영문) 서울행정법원 2019.03.29 2018구단78063

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 September 2, 2017, the Plaintiff entered the Republic of Korea on a short-term visit (C-3) sojourn status on September 2, 2017, and applied for refugee recognition to the Defendant on September 27, 2017.

B. On November 6, 2017, 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 a requirement for refugee status under Article 1 of the Convention on the Status of Refugees (hereinafter “Refugee Convention”) and Article 1 of the Protocol Relating to the Status of Refugees (hereinafter “Refugee Protocol”).

(hereinafter “instant disposition”). C.

The Plaintiff filed an objection with the Minister of Justice on December 19, 2017, but the Minister of Justice dismissed the objection on September 3, 2018.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence Nos. 1 and 2, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion was born at the sllim home, but was opened to a Tollet around 2017.

As the plaintiff continued to enjoy a religious life of a Tol, his father, mal, and tri-do of the plaintiff, regardless of his or her family ties, the plaintiff's father, mal, and s

The Plaintiff’s aforementioned situation constitutes a well-founded fear that there is sufficient ground to believe that he/she may be injured on the ground that he/she is a member of a religion or a specific social group, and the Plaintiff does not want to be protected from the country of nationality.

Nevertheless, the defendant's disposition of this case which did not recognize the plaintiff as a refugee should be revoked in an unlawful manner.

B. Determination 1 of the Refugee Act provides for matters concerning the status, treatment, etc. of refugees in accordance with the Refugee Convention and the Refugee Protocol, and it is possible for refugees to be imprisoned for reasons of race, religion, nationality, status as a member of a specific social group or political opinion.

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