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(영문) 서울행정법원 2019.04.17 2019구단1930
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 November 29, 2016, the Plaintiff entered the Republic of Korea with a short-term visit (C-3) sojourn status on a short-term basis, and applied for refugee recognition to the Defendant on December 30, 2016.

B. On April 24, 2018, the Defendant rendered a decision on the refusal of refugee status (hereinafter “instant disposition”) on the ground that the Plaintiff cannot be deemed as having “a well-founded fear of persecution” as stipulated in Article 1 of the Convention on the Status of Refugees and Article 1 of the Protocol Relating to the Status of Refugees.

C. On May 10, 2018, the Plaintiff filed an objection with the Minister of Justice on May 10, 2018, but the objection was dismissed on November 29, 2018.

[Reasons for Recognition] Unsatisfy, Gap evidence Nos. 1 through 4, Eul evidence Nos. 1 and 2, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The gist of the Plaintiff’s assertion was Muslim Suslimian at Muslim home. However, the Plaintiff’s family members, who became aware of the Plaintiff’s suslimation of the suslimian, around 2013, threatened the Plaintiff.

In addition, it is possible to threaten the plaintiff on the ground that Islamic divers of Marii have moved into a catology.

Therefore, the instant disposition that did not recognize the Plaintiff as a refugee on a different premise is unlawful, since there exists a well-founded fear that the Plaintiff’s family members and Islamic divers would suffer persecution when the Plaintiff returned to the Republic of Korea on a verbal basis.

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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