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(영문) 서울행정법원 2020.07.10 2020구단7330
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 February 24, 2015, the Plaintiff entered the Republic of Korea with the status of non-professional employment (E-9) status as an alien of four arms, and applied for refugee status to the Defendant on December 23, 2019.

B. On January 14, 2020, the Defendant rendered a decision on the recognition of refugee status (hereinafter “instant disposition”) against the Plaintiff on the ground that the Plaintiff’s assertion does not constitute “a sufficiently-founded fear of persecution” as a refugee requirement under Article 1 of the Convention on the Status of Refugees and Article 1 of the Protocol Relating to the Status of Refugees.

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

2. Whether the instant disposition is lawful

A. From September 10, 2019, the Plaintiff asserted that he/she had been employed in the Republic of Korea, the he/she forced the Plaintiff to pay donations from around September 10, 2019, and captures the Plaintiff’s parents and threatens the Plaintiff to kill.

In the event that the plaintiff returned to a country of nationality, the disposition of this case which did not recognize the plaintiff as a refugee despite the possibility of persecution in the above circumstances is unlawful.

B. Determination 1) “Refugee” means a foreigner who is unable or does not want to be protected by the country of nationality due to well-founded fear that he/she is likely to be injured on the grounds of race, religion, nationality, status as a member of a specific social group, or political opinion, or a stateless foreigner who, due to such fear, is unable or does not want to return to the country in which he/she had resided before entering the Republic of Korea (Article 2 Subparag. 1 of the Refugee Act, “persecution” which is a requirement for recognition of refugee status refers to “any act causing serious infringement or discrimination on the essential human dignity, including threats to life, body, or freedom,” and such fear is sufficient.

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