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(영문) 서울행정법원 2020.04.20 2020구단148
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. The Plaintiff entered the Republic of Korea on February 17, 2018 with the status of stay for visa exemption (B-1) from the Republic of Kazkhs (hereinafter referred to as “Kazkhstan”) of the Republic of Kazkhstan (hereinafter referred to as “Kahstan”).

B. On April 3, 2018, the Plaintiff applied for refugee status to the Defendant. However, on December 5, 2018, the Defendant rendered a decision of non-recognition of refugee status (hereinafter “instant disposition”) against the Plaintiff on the ground that the Plaintiff’s assertion does not constitute “the well-founded fear that would be prejudicial to gambling” as stipulated in Article 1 of the Convention Relating to the Status of Refugees (the Convention 1951 Convention, hereinafter “Refugee”) and Article 1 of the Protocol Relating to the Status of Refugees (the “Refugee Protocol”).

C. On December 21, 2018, the Plaintiff filed an objection with the Minister of Justice against the instant disposition. However, the Minister of Justice dismissed the Plaintiff’s objection on the same ground as the instant disposition on December 23, 2019.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 3, Eul evidence 1 to 5, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. On February 12, 2018, while serving as a hotel employee, the Plaintiff was subject to violence from the vice president by refusing a request from the vice president to participate in a counter-government demonstration by the vice president of the hotel.

Since then, the vice president intimidations the Plaintiff to murder several calls from the Plaintiff, and there is also the fact that those who do not know on the way would not have any problem if they participated in D and Demonstration.

In the event that the plaintiff returned to his home country, the disposition of this case which did not recognize the plaintiff as a refugee despite the possibility of persecution in this circumstance is unlawful.

B. In full view of the provisions of Article 1 and Article 2 subparag. 1 of the Refugee Act, Article 1 of the Refugee Convention, and Article 1 of the Refugee Protocol, the Minister of Justice shall be the Minister of Justice.

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