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(영문) 서울행정법원 2019.06.19 2019구단1336
난민불인정결정취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The Plaintiff entered the Republic of Korea on March 3, 2017 with the status of stay for general training (D-4) on a man with Bluba (Yoruba) Bluba’s nationality, and filed an application for refugee status with the Defendant on April 24, 2017 on the ground that “a threat to Bluba’s king” was a threat to the Defendant.

② On February 26, 2018, the Defendant rendered a decision to recognize refugee status (hereinafter “instant disposition”) against the Plaintiff on the ground that “the Plaintiff cannot be deemed to have satisfied the requirements for recognition of refugee status under the Refugee Act.”

③ Although the Plaintiff filed an objection with the Minister of Justice, the Minister of Justice dismissed the Plaintiff’s objection on November 29, 2018.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 4, Eul evidence 1 to 3, the purport of the whole pleadings

2. The plaintiff's attempt to succeed to the status of the father who died of the plaintiff's assertion is to kill the plaintiff, and the plaintiff's attempt to kill the plaintiff is to be affected by the Republic of Korea, while the plaintiff's return to her age is to be caused by murder at any time.

Therefore, the instant disposition that did not recognize the Plaintiff as a refugee should be revoked in an unlawful manner.

3. In full view of the provisions of Article 1 and Article 2 subparag. 1 of the former Refugee Act, Article 1 of the 1951 Convention on the Status of Refugees, and Article 1 of the 1967 Protocol on the Status of Refugees, “persecution” which serves as the requirement for recognition of refugee status should be limited to “a race, religion, nationality, status as a member of a specific social group, or political opinion.”

The grounds alleged by the Plaintiff are the conflict between the family members surrounding the succession of the status of the deficient site called “king” from Austria, and the allegation itself does not by itself constitute “a race, religion, nationality, status as a member of a specific social group or political opinion,” which is the ground for recognition of refugee status.

Therefore, the plaintiff's above assertion is without merit.

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