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(영문) 서울행정법원 2019.06.19 2019구단2667
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 a short-term visit (C-3) on December 14, 2016, with a view to the process of the decision of non-recognition of refugee status: (a) on March 7, 2017, the Plaintiff filed an application for refugee status on the ground that “a local political person who skinged the king of a deceased father’s death was killed, and then threatened the Plaintiff.”

② On March 16, 2018, the Defendant rendered a decision to recognize refugee status (hereinafter “instant disposition”) against the Plaintiff on the ground that “it is difficult to deem that the Plaintiff satisfied the requirements for 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. A female member with political influence who wanted to take the king of the Plaintiff’s father who died of the Plaintiff’s assertion, threatened the Plaintiff, who is a child remaining after killing the Plaintiff’s 2 person.

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 ground alleged by the Plaintiff is that the Plaintiff is a dispute with another person surrounding the succession to the status of a deficient site called “Grasia” and the assertion itself is not based on “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.

On the other hand, a new report is made.

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