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(영문) 서울행정법원 2020.11.13 2020구단9275
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 January 20, 2015, the Plaintiff entered the Republic of Korea with the status of non-professional employment (E-9) status as a foreigner with four arms nationality, and applied for refugee status to the Defendant on November 18, 2019.

B. On November 27, 2019, the Defendant rendered a decision on the recognition of refugee status (hereinafter “instant disposition”) against the Plaintiff on the ground that the Plaintiff’s assertion does not constitute “a well-founded fear of persecution” as a refugee requirement under Article 1 of the Convention on the Status of Refugees, and Article 1 of the Protocol Relating to the Status of Refugees.

[Ground of recognition] Facts without dispute, Gap evidence No. 2, Eul evidence No. 2, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion was the support of the Party B that supported the four arms, and there was an attack by the organization C in 2007 on the grounds of a difference in political opinions. Since 2016, the Plaintiff was acting as a D organization, and the Plaintiff’s family members continued to compel and threaten the Plaintiff to pay the donation.

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

B. Determination 1) “Refugee” refers to 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 specific social group, or political opinion, or a stateless foreigner who, due to such fear, cannot return to the country in which he/she resided before entering the Republic of Korea or does not want to return to the country (Article 2 subparag. 1 of the Refugee Act. Here, “persecution” which is a requirement for recognition of refugee status is a threat to life, body, or freedom, as well as a threat to human essential dignity.

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