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(영문) 서울행정법원 2019.06.13 2019구단53122
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 25, 2017, the Plaintiff entered the Republic of Korea with the status of stay for short-term visits (C-3) from February 25, 2017.

B. On March 23, 2017, the Plaintiff applied for refugee status to the Defendant. However, on March 19, 2018, the Defendant rendered a decision to recognize refugee status (hereinafter “instant disposition”) on the ground that the Plaintiff’s assertion would be subject to persecution as stipulated in Article 1 of the Convention on the Status of Refugees and Article 1 of the Protocol on the Status of Refugees.

C. The Plaintiff filed an objection with the Minister of Justice on April 13, 2018, but the Minister of Justice dismissed the Plaintiff’s objection on November 29, 2018.

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

2. Whether the instant disposition is lawful

A. The plaintiff's high-ranking village B, the plaintiff's high-ranking village, was a village with the tradition of worship of friendship sublime, which is gathering the whole communications of "C", and the father of the plaintiff was the president of the village.

As the father of the plaintiff died around 2010, the members of the village forced the plaintiff to succeed to the president position.

From 17 years of age to 17, the Plaintiff refused it, and village residents attempted to kidnapping the Plaintiff on November 17, 201, forced the other students of the Plaintiff to succeed to the position of president on November 17, 201, and continued to drive away the Plaintiff’s whereabouts.

In the event that the plaintiff returns to his home country, the disposition of this case which did not recognize the plaintiff as a refugee even though it is likely to be detrimental to gambling due to such circumstances is unlawful.

B. 1 The term “refugee” means a foreigner who is unable or does not wish to be protected by a State of nationality due to well-founded fear to recognize that he/she is likely to be injured on the grounds of race, religion, nationality, status as a member of a particular social group or political opinion, or by such fear.

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