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(영문) 서울행정법원 2019.12.24 2019구단15953
난민불인정결정취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. In the course of the disposition, the following facts: short-term sojourn status visit (C-3) on July 18, 2016, the date of entry into the Republic of Korea of the Republic of Korea on July 18, 2016 (hereinafter “instant disposition”) (hereinafter “instant disposition”) and the purport of the entire pleadings, as the date of the application for refugee status recognition on August 23, 2016, the date of the application for refugee status recognition (hereinafter “instant disposition”) was determined on December 7, 2017: (a) there is no dispute over the recognition of the decision to dismiss as of January 3, 2018; (b) there is no ground for recognizing the decision to dismiss as of April 10, 2019; (c) Party A’s evidence Nos. 1 through 5, 1,

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion: (a) while the Plaintiff resided in the cream, the Islamic State occupied the catus in around 2014; and (b) the Plaintiff moved to hurb loan.

Cock entered the Republic of Korea to find a good job because it is political confusion and is responsible for the livelihood of the plaintiff's married family members.

Nevertheless, the instant disposition that did not recognize the Plaintiff as a refugee is 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.”

Shebly, the reasons for the plaintiff's assertion are race, religion, nationality, membership of a particular social group or political.

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