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(영문) 서울행정법원 2019.10.29 2019구단10750
난민불인정결정취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. During the process of the disposition, the Plaintiff’s short-term visit for refugee status (C-3,30 days) on August 24, 2015 (hereinafter “instant disposition”) on the date of entry into the Republic of Korea of the Republic of Korea of the Republic of Korea on August 24, 2015, and the reason for recognition of refugee status by November 14, 2017 of the date of application for refugee status recognition (hereinafter “instant disposition”) was determined on November 14, 2017: The grounds for recognition of the rejection of the decision by April 10, 2018 as of March 6, 2018 of the date of application for objection that the notification of the decision to grant refugee status could not be sufficiently recognized: the statement in subparagraphs 1 and 2 and the purport of the entire pleadings.

2. Whether the instant disposition is lawful

A. The Plaintiff asserted that the Plaintiff was engaged in the sales business of used cars and automobile parts in the country of nationality, and that its partners would die when the Plaintiff reported to the police that the Plaintiff would cut off used cars in the future of the Plaintiff.

In order to avoid such a threat, the instant disposition that did not recognize the Plaintiff as a refugee in the Republic of Korea was unlawful.

B. (1) In full view of the provisions of Article 2 subparag. 1 and Article 18 of the Refugee Act, Article 1 of the Convention on the Status of Refugees, and Article 1 of the Protocol on the Status of Refugees, the Minister of Justice must recognize a foreigner in the Republic of Korea who is unable or does not want the protection of the country of his nationality due to well-founded fear of persecution for reasons of race, religion, nationality, membership of a particular social group, or political opinion, as a refugee.

“persecution” which is a requirement for refugee status refers to “any act causing serious infringement of, or discrimination against, essential human dignity, including threats to life, body, or freedom.” A foreigner who files an application for refugee status must prove that there is a “a sufficient-founded fear of fear.”

Shelled, in light of the following circumstances, we can see by comprehensively taking into account the respective descriptions in subparagraphs 3 through 5 and the overall purport of the arguments:

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