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(영문) 서울행정법원 2019.06.13 2019구단54934
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 October 24, 2016, the Plaintiff entered the Republic of Korea as a foreigner of the Republic of Korea’s nationality, with the status of stay for a short-term visit (C-3) on a short-term basis.

B. On December 28, 2016, the Plaintiff applied for recognition of refugee status to the Defendant. However, on January 9, 2018, the Defendant rendered a decision to recognize refugee status (hereinafter “instant disposition”) on the ground that the Plaintiff’s assertion would be subject to persecution as stipulated in Article 1 of the Convention on the Status of Refugees and Article 1 of the Protocol on the Status of Refugees.

C. The Plaintiff filed an objection with the Minister of Justice on March 6, 2018, but the Minister of Justice dismissed the Plaintiff’s objection on September 14, 2018.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 4, Eul evidence 1 to 3, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The plaintiff's assertion was threatened by the family on the ground that the plaintiff was a slovasist of a slock, and was married with a man of a slovas.

Although the plaintiff was sent back to a region different from the husband who suffered damage to the family, the family became aware of how the plaintiff lives anywhere through the son, and the threat was continued, and the plaintiff's family infringed on the plaintiff's house and damaged the goods.

In the event that the plaintiff returns to his home country, the disposition of this case which did not recognize the plaintiff as a refugee even though it is likely to be detrimental to gambling due to such circumstances 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 to recognize that he/she may be injured on the grounds of race, religion, nationality, status as a member of a particular social group, or political opinion, or a stateless foreigner who, due to such fear, cannot return to or does not want to return to the country in which he/she resided before entering the Republic of Korea.

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