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(영문) 서울행정법원 2019.07.25 2019구단7617
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 August 14, 2017, the Plaintiff entered the Republic of Korea as a foreigner of Austrian nationality with the status of stay for short-term visits (C-3) on a short-term basis.

B. On August 24, 2017, the Plaintiff applied for refugee status to the Defendant. However, on October 20, 2017, the Defendant rendered a decision to deny 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 November 27, 2017, but the Minister of Justice dismissed the Plaintiff’s objection on April 10, 2019.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1 to 3, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. On February 2017, the Plaintiff asserted that he was assaulted while discussing Islamic intercourse and religion.

Since July 17, 2017, Islamic educational institutions found the plaintiff's home and continued to threaten the plaintiff by means of text and telephone.

In addition, the plaintiff joined the organization B and participated in the demonstration, and the government of the country of origin tried to arrest all the leaders of the organization B, and the plaintiff, a member of the organization B, was threatened with the plaintiff's workplace.

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 want to be protected by the country of nationality due to well-founded fear to recognize that he/she may be injured on the grounds of race, religion, nationality, status as a member of a particular social group, or political opinion, or a country in which he/she resided before entering the Republic of Korea due to such fear.

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