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(영문) 서울행정법원 2019.05.15 2018구단19538

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. The Plaintiff entered the Republic of Korea on September 16, 2017 on the short-term visit (C-3) by a foreigner of his/her nationality (B male) in the Republic of Korea.

B. On September 21, 2017, the Plaintiff filed an application for recognition of refugee status with the Defendant on the ground of “a threat by female objection,” but the Defendant, on November 24, 2017, rendered a decision to recognize refugee status (hereinafter “instant disposition”) against the Plaintiff on the ground that “the Plaintiff is deemed not to be a refugee as prescribed by the Refugee Convention and the Refugee Act,” and the Plaintiff filed an objection with the Minister of Justice, but the Minister of Justice dismissed the application on September 3, 2018.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 5, Eul evidence 1 to 3, the purport of the whole pleadings

2. The plaintiff's assertion that the plaintiff made an application for recognition of refugee status of this case because he was threatened with his life in a village where he was engaged in a female religious movement in the Uibya. Therefore, the disposition of this case which did not recognize the plaintiff as a refugee should be revoked in an unlawful manner.

3. In light of the following circumstances that are acknowledged by comprehensively taking account of each of the above evidence and evidence set forth in No. 6, it is difficult to view that the Plaintiff constitutes a person with a well-founded fear of persecution, and there is no other evidence to acknowledge this otherwise, the Plaintiff’s above assertion is without merit.

① On November 21, 2017, in relation to the application for the recognition of refugee status of this case, the Plaintiff stated that “A was active as a youth movement belonging to the organization “D” before entering the Republic of Korea,” and did not specifically state the phone number or website of “D” and did not state the address specifically.

The Defendant searches “D” on the Internet.

참조조문