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(영문) 서울행정법원 2018.11.30 2018구단19187
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 20, 2017, the Plaintiff entered the Republic of Korea with a short-term visit (C-3) sojourn status on May 20, 2017, and applied for refugee status to the Defendant on June 30, 2017.

B. On August 29, 2017, the Defendant rendered a decision on the recognition of refugee status (hereinafter “instant disposition”) to the Plaintiff on the ground that the Plaintiff’s assertion does not constitute a case of “a well-founded fear that 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. The Plaintiff was notified of the instant disposition on September 15, 2017, and filed an objection with the Minister of Justice on October 12, 2017, but the said objection was dismissed on June 12, 2018.

[Reasons for Recognition] Facts without dispute, Gap 2, 3 evidence, Eul 1 and 2 evidence, and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. All of the plaintiff's arguments are slick, and the plaintiff's family members are threatened with murder from the family on the wind that the plaintiff opens to the slick school.

Therefore, the defendant's disposition of this case which did not recognize the plaintiff as a refugee despite high possibility that the plaintiff would be subject to gambling when he returns to the country of nationality is illegal.

B. Determination 1) “Refugee” refers to any act causing serious infringement of, or discrimination against, inherent human dignity, including threats to life, religion, nationality, status as a member of a particular social group, or political opinion, of a foreigner who is unable or does not want to be protected by the country of his/her nationality due to well-founded fear that he/she is likely to be detrimental to the protection of the country of his/her nationality (Article 2 subparag. 1. 2 of the Refugee Act) or a stateless foreigner who is unable or does not want to return to the country in which he/she had resided before entering the Republic of Korea due to such fear (Article 2 subparag. 1. 2 of the Refugee Act).

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