(영문) 서울행정법원 2020.02.12 2019구단19061

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(영문) 서울행정법원 2020.02.12 2019구단19061

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 February 1, 2019, the Plaintiff entered the Republic of Korea with the visa exemption (B-1) status on February 1, 2019, and applied for refugee recognition to the Defendant on April 29, 2019.

B. On May 27, 2019, the Defendant rendered a decision to recognize refugee status (hereinafter “instant disposition”) 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 on the Status of Refugees.

C. As to this, the Plaintiff filed an objection with the Minister of Justice on July 10, 2019, but was dismissed on October 18, 2019.

[Reasons for Recognition] Uncontentious Facts, Entry B in Evidence Nos. 1 and 2, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. Although the grounds for applying for refugee status do not specifically appear in the summary of the Plaintiff’s assertion, it is written in the complaint to the effect that the application for refugee status is filed on the same grounds as the Plaintiff alleged in the procedures for refugee status screening, the Plaintiff’s assertion was arranged based on the Plaintiff’s statement at the time of the Plaintiff’

The plaintiff, as a result of Cuba, was engaged in activities related to Islamic organization B of Turkey, and exchanged with B members.

However, the Government of Turkey considers B as the hinterlands of the Military Coupa and confiness relevant persons, etc. Furthermore, the Plaintiff is a small number of people in the Republic of Turkey, and the Plaintiff is likely to be discriminated and threatened on the grounds of such nation of origin.

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

B. Determination 1 refers to a person of race, religion, nationality, and status as a member of a specific social group; or

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