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(영문) 서울행정법원 2020.07.22 2020구단6214
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 November 18, 2014, the Plaintiff entered the Republic of Korea with the status of stay for non-professional employment (E-9-1) as a foreigner with four arms nationality.

B. On October 17, 2019, the Plaintiff filed an application for refugee status recognition with the Defendant (hereinafter “instant application”). However, on December 20, 2019, 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, on the ground that it does not constitute “a well-founded fear” (hereinafter “instant disposition”).

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1 to 4, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff asserted that he was threatened with the Plaintiff’s homicide if he did not pay 50,00 U.S. dollars from the U.S. U.S. P.M. organization.

In this situation, when the plaintiff returns to the Republic of Korea with his arms, there is a risk of being killed from the above assistants, and the disposition of this case, which did not recognize the plaintiff as a refugee, should be revoked because it is unlawful.

B. Determination 1) “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 specific social group, or political opinion, or a stateless foreigner who, due to such fear, is unable or does not want to return to the country in which he/she resided before entering the Republic of Korea (Article 2 subparag. 1 of the Refugee Act). Meanwhile, “persecution” which is a requirement for recognition of refugee status refers to “any act causing serious infringement of, or discrimination against, inherent human dignity, including threats to life, body, or freedom.”

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