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(영문) 서울행정법원 2021.02.02 2020구단75425
난민불인정결정취소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. During the process of the disposition, the Plaintiff’s nationality Malaysia: (a) written application for visa exemption (B-1, 90 days) on October 2, 2017 for visa exemption on the date of entry into the Republic of Korea (hereinafter “instant disposition”); (b) on December 22, 2017, the date of the application for visa exemption (hereinafter “instant disposition”); and (c) on May 21, 2019, the date of the notification of the decision of the decision of May 21, 2019: (a) there is no dispute over grounds for rejection with the decision of the decision of August 20, 2020 as of May 31, 2019; (b) written evidence Nos. 1 through 4; and (c) Nos. 1 and 2 (including various numbers); and (d) the purport of the entire pleadings, as well as the purport of the entire pleadings.

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion was opened from Suwon Plus Forest to Slus Forest. At the event of Slus Forest at around June 2017, the Plaintiff was attacked by Slus Forest at the event of Slus Forest.

In the event that the Plaintiff returned to Malaysia, the instant disposition that did not recognize the Plaintiff as a refugee despite the possibility of being deprived of Malaysia for the said reasons is unlawful.

B. (i) In full view of the provisions of Articles 2 subparag. 1 and 18 of the Civil Act, Article 1 of the Convention on the Status of Refugees, and Article 1 of the Protocol on the Status of Refugees, the Minister of Justice must recognize a foreigner in the Republic of Korea who is unable to be protected or does not want the protection of the country of nationality due to well-founded fear of persecution for reasons of race, religion, nationality, membership of a particular social group, or political opinion, as a refugee.

The term “persecution” means “any act causing serious infringement or discrimination on essential human dignity, including threats to life, body, or freedom,” which is a requirement for recognition as a citizen. A foreigner applying for recognition as a citizen must prove that there is “a sufficient well-founded fear of harm.”

The following shall be taken into account each description of Shesheet, Eul evidence of Nos. 2 through 4 (including branch numbers) and the overall purport of the theory of changes.

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