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(영문) 서울행정법원 2019.04.17 2018구단73105
난민불인정결정취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Details of a decision not to recognize refugee status;

A. The Plaintiff entered the Republic of Korea on September 25, 2016 on a short-term visit (C-3) status as a foreigner of Indian nationality (B male).

B. On May 23, 2017, the Plaintiff filed an application for refugee status with the Defendant on the ground that “C supporter, who is the other party D, was threatening to join his/her political party and to act.” However, on June 12, 2017, the Defendant rendered a decision to deny refugee status (hereinafter “instant disposition”) against the Plaintiff on the ground that “the Plaintiff is deemed not to be a refugee as prescribed by the Refugee Convention and the Refugee Act,” and the Plaintiff filed an objection with the Minister of Justice, but the Minister of Justice dismissed the objection on September 3, 2018.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 3, Eul evidence 1 to 6, the purport of the whole pleadings

2. The Plaintiff’s assertion that the Plaintiff was a member of C’s company, and the Plaintiff actively supported C due to the influence of each type. D, a party of the Plaintiff’s high-speed village, was infinite to the other support parties in order to expand its ability, and the Plaintiff was also subject to assault from E and its members, a regional representative of D, on June 21, 2016 and July 11, 2016.

Accordingly, the plaintiff, without reporting to the police due to retaliation, was able to pose a threat to life in New deel, with the mind that it might pose a threat to life.

Therefore, the Plaintiff constitutes a person who has a well-founded fear to recognize that the Plaintiff may be stuffed on the grounds of political view, and thus, the instant disposition that did not recognize the Plaintiff as a refugee should be revoked in an unlawful manner.

3. In light of the following circumstances recognized by comprehensively taking account of all the above evidence, fears with sufficient grounds to recognize that the Plaintiff may be detrimental to political views.

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