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(영문) 서울행정법원 2019.10.17 2019구단12053
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 entered the Republic of Korea on April 21, 2017, with the status of stay C-3 (short-term visit) of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of Korea.

B. On April 28, 2017, the Plaintiff filed an application for recognition of refugee status with the Defendant, but on September 20, 2018, 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 of persecution” as prescribed by Article 1 of the Convention on the Status of Refugees (hereinafter “Refugee Convention”) and Article 1 of the Protocol on the Status of Refugees (hereinafter “Refugee Protocol”) and Article 1 of the Protocol on the Status of Refugees (hereinafter “Refugee Protocol”).

C. On October 29, 2018, the Plaintiff filed an objection against the instant disposition with the Minister of Justice. However, the Minister of Justice dismissed the Plaintiff’s objection on the same ground as on May 27, 2019.

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

2. The assertion and judgment

A. From 2013, the Plaintiff’s assertion began to receive demand from his/her wife to marry with his/her father’s father.

If the plaintiff did not respond to his/her demand, his/her care room has exercised violence against the plaintiff or threatened the plaintiff with murder.

In the event that the plaintiff returns to his own home country, there is a risk of threatening the plaintiff's life or physical freedom from his/her house for the same reason.

Nevertheless, the defendant's disposition of this case which did not accept the plaintiff's application for refugee status should be revoked as it is unlawful.

B. Article 2 Subparag. 1 of the Refugee Act is a well-founded fear to recognize that refugee status may 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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