beta
(영문) 서울행정법원 2020.01.08 2019구단14783

난민불인정결정취소

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Details of a decision not to recognize refugee status;

A. On April 14, 2015, the Plaintiff entered the Republic of Korea on a short-term visit (C-3) status on April 14, 2015, and filed an application for refugee status with the Defendant on May 14, 2015, on the ground that “a threat of the organization of the Susagu armed forces against the Plaintiff, a Islamic Republic of Pakistan,” with the Defendant on the ground that “a threat of the organization of the Susagu armed forces against the Plaintiff, a Islamic Republic of Pakistan,” was a student of the Islamic Republic of Pakistan.

② On October 20, 2015, the Defendant rendered a decision to recognize the refugee status against the Plaintiff. Accordingly, the Plaintiff filed an objection with the Minister of Justice, but the Minister of Justice dismissed the Plaintiff’s objection on March 23, 2016.

③ The Plaintiff filed a lawsuit seeking the revocation of the decision to deny refugee non-recognition by asserting that “Ispa Metropolitan City was assaulted by C, which is an armed force group, on January 2, 2015 and February 28, 2015.” However, on November 9, 2016, the Plaintiff was sentenced to a dismissal ruling (Seoul Administrative Court 2016Gudan18791), the Plaintiff’s appeal (Seoul High Court 2016Nu7591), and the final appeal (Supreme Court 2017Du39860) were all dismissed, and the said judgment became final and conclusive on June 1, 2017.

B. On August 11, 2017, which was after the above judgment became final and conclusive, the Plaintiff filed an application for refugee status with the Defendant on the ground that “C, which is a Simpis organization, threatens to threaten the Plaintiff, a Simpis.”

② On January 30, 2018, the Defendant rendered a decision not to grant refugee status (hereinafter “instant disposition”) against the Plaintiff on the ground that “the dismissal ruling became final and conclusive, and there is no reason to determine differently from the previous one,” the Plaintiff stated differently at the time of the first application and at the time of re-application as to whether the Plaintiff was aware of the existence of a person threatening the Plaintiff, and appears to be able to be able to receive protection upon request from the government of its own country on the threat received by the Plaintiff, and to move to another area safe in its country and be settled.”