(영문) 서울행정법원 2019.06.12 2019구단6676

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(영문) 서울행정법원 2019.06.12 2019구단6676

난민불인정결정취소

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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 24, 2016, the Plaintiff entered the Republic of Korea with a short-term visit (C-3) status on the short-term visit on September 24, 2016, and applied for refugee status to the Defendant on June 13, 2017.

B. On July 24, 2018, the Defendant rendered a decision on the recognition of refugee status (hereinafter “instant disposition”) to the Plaintiff on the ground that the Plaintiff does not constitute a case where there is a well-founded fear that the Plaintiff would be subject to persecution” as a requirement of refugee under Article 1 of the Convention on the Status of Refugees and Article 1 of the Protocol Relating to the Status of Refugees.

C. As to this, the Plaintiff filed an objection with the Minister of Justice on August 8, 2018, but the objection was dismissed on April 10, 2019.

[Reasons for Recognition] Unsatisfy, Gap evidence 1 to 3, Eul evidence 1 and 2, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The gist of the Plaintiff’s assertion was that the Plaintiff was a hambridge, and around April 2016, when the village residents lived together with the village residents, the Plaintiff was holding a hambalian event. However, there was a case where the cambalians interfered with the events and assault the Plaintiff.

After that, the plaintiff was threatened with the death of the plaintiff from the Creamdo in the course of going through the city.

Therefore, since there exists a well-founded fear that the Plaintiff’s return to Korea through India would be subject to gambling as above, the instant disposition that did not recognize the Plaintiff as a refugee on a different premise is unlawful.

B. 1 The term “refugee” refers to 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 foreigner who is unable or does not want to be protected by such fear to return to the country in which he/she had resided before entering the Republic of Korea,

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