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(영문) 서울행정법원 2020.01.31 2019구단73249
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 September 5, 2017, the Plaintiff entered the Republic of Korea with a short-term visit (C-3) sojourn status on September 14, 2017, and applied for refugee status to the Defendant on September 14, 2017.

B. On November 15, 2018, the Defendant rendered a decision of non-recognition of refugee status on the ground that the grounds for applying for recognition of refugee status as alleged by the Plaintiff against the Plaintiff does not constitute “a sufficiently-founded fear of persecution” as a requirement of refugee under 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”).

(hereinafter “instant disposition”). C.

The Plaintiff filed an objection with the Minister of Justice on December 24, 2018, but the Minister of Justice dismissed the objection on July 30, 2019.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence No. 1, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. A. Around December 2016, the Plaintiff’s assertion that the Plaintiff’s attachment of the Plaintiff died on his own, and the Plaintiff inferred that the Plaintiff died on the third village where the property was searched.

After the Plaintiff’s death, the Plaintiff left the property of referring to the Plaintiff, and threatened the Plaintiff with “to die at a time in the next eye.”

The plaintiff's three villages can find the plaintiff anywhere in his/her own country or in order to find him/her. Thus, if the plaintiff returns to his/her own country, his/her life will be at risk.

The Plaintiff’s aforementioned situation constitutes a well-founded fear that there is sufficient ground to recognize that the Plaintiff may be harmed on the ground that he/she is a member of a specific social group, and the Plaintiff does not want to be protected from the country of nationality.

Nevertheless, the plaintiff is recognized as a refugee.

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