(영문) 서울행정법원 2019.07.17 2019구단7525

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(영문) 서울행정법원 2019.07.17 2019구단7525

난민불인정결정취소

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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 6, 2016, the Plaintiff entered the Republic of Korea with a short-term visit (C-3) status on September 6, 2016, and applied for refugee status to the Defendant on September 22, 2016.

B. On April 4, 2018, the Defendant rendered a decision on the recognition of refugee status (hereinafter “instant disposition”) on the ground that the Plaintiff does not constitute a case where there is a well-founded fear that the Plaintiff would be subject to persecution” as a requirement of refugee under Article 1 of the Convention on the Status of Refugees and Article 1 of the Protocol Relating to the Status of Refugees.

C. On April 26, 2018, the Plaintiff filed an objection with the Minister of Justice, but was dismissed on April 10, 2019.

[Reasons for Recognition] Unsatisfy, Gap evidence 1 to 3, Eul evidence 1 and 2, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The gist of the Plaintiff’s assertion was from around 2015 to 3 times the Plaintiff participated in a demonstration against the Government in Anrarara, which was arrested and released on the ground of this, but is still in several times, and the Plaintiff left the Republic of Korea upon the advice of the helper who continues to reside in Anrara, and became to enter the Republic of Korea.

Therefore, the instant disposition that did not recognize the Plaintiff as a refugee on a different premise is unlawful, inasmuch as there exists a well-founded fear that the Plaintiff would be subject to persecution from the Government of Anrara in case of returning to the Republic of Korea due to Anrara.

B. 1 The term “refugee” means a foreigner who is unable or does not want to be protected by the country of nationality due to well-founded fear to recognize that he/she may be injured on the grounds of race, religion, nationality, status as a member of a particular social group, or political opinion, or a foreigner who is unable or does not want to be protected, or a country in which he/she resided before entering the Republic of Korea due to such fear.

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