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(영문) 서울행정법원 2020.01.29 2019구단19511
난민불인정결정취소
Text

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 May 3, 2017, the Plaintiff entered the Republic of Korea with a short-term visit (C-3) sojourn status on May 3, 2017, and applied for refugee status to the Defendant on July 25, 2017.

B. On August 21, 2018, 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 Relating to the Status of Refugees.

C. On September 5, 2018, the Plaintiff filed an objection with the Minister of Justice on September 5, 2018, but the objection was dismissed on October 18, 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 key point of the Plaintiff’s assertion was the Plaintiff’s original hings, and around February 2017, the Plaintiff was a hings of the hings of the hings of the Gings of the Gings of the Gings of the Gings of the Gings of the Gings of the Gings of the Gings

Therefore, since there exists a well-founded fear that the Plaintiff would be subject to gambling in case of returning home through India, the instant disposition that did not recognize the Plaintiff as a refugee on a different premise is unlawful.

B. 1) The term “refugee” means a foreigner who is unable or does not want to be protected by the country of nationality due to well-founded fear that he/she may be harmed on the grounds of race, religion, nationality, status as a member of a specific social group, or political opinion, or a stateless foreigner who, due to such fear, is unable or does not want to return to the country in which he/she resided before entering the Republic of Korea (see Article 2 subparag. 1 of the Refugee Act. Meanwhile, “persecution,” which is a requirement for recognition of refugee status, is a threat to life, body, or freedom.

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