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(영문) 서울행정법원 2018.06.14 2018구단57356
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. The Plaintiff, a foreigner of B (B; hereinafter “B”) nationality, entered the Republic of Korea as a status of stay C-3 (short-term visit) April 2, 2016.

B. On April 8, 2016, the Plaintiff filed an application for recognition of refugee status with the Defendant. On June 17, 2016, the Defendant rendered a disposition for recognition of refugee status (hereinafter “instant disposition”) to the Plaintiff on the ground that it is difficult to recognize “the well-founded fear that there is a risk of persecution” as stipulated in 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”) and Article 1 of the Protocol Relating to the Status of Refugees.

C. On July 11, 2016, the Plaintiff filed an objection with the Minister of Justice against the instant disposition. However, the Minister of Justice dismissed the Plaintiff’s objection on the same ground as on December 7, 2017.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 3, Eul evidence 1 to 4, and the purport of whole pleadings

2. The assertion and judgment

A. On March 9, 2012, the Plaintiff asserted that the Plaintiff joined as a party member of C Party B, which is a party member of C, and subsequently engaged in the said party activity in a thermal sense.

However, D party members, a member of the House B, made a phone call for about three months after the Plaintiff’s accession to the Party C, or visited the Plaintiff’s home to the effect that “I would die without the C party activities.”

In the event that the plaintiff returns to B as its home country, there is a concern that the plaintiff may be threatened with the freedom of life or physical freedom from the members of the D Party who are in the right of house.

Nevertheless, the disposition of this case which rejected the Plaintiff’s application for refugee status should be revoked as it is unlawful.

B. Article 2 Subparag. 1 of the Refugee Act provides that refugee status shall be respected on the grounds of race, religion, nationality, status as a member of a particular social group or political opinion.

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