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(영문) 서울행정법원 2019.04.26 2018구단22039
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 August 11, 2017, the Plaintiff entered the Republic of Korea with a short-term visit (C-3) sojourn status on a short-term date (C-3), and filed an application for refugee status with the Defendant on August 18, 2017.

B. On September 8, 2017, the Defendant rendered a decision on the refusal of refugee status on the ground that the grounds for applying for recognition of refugee status alleged by the Plaintiff against the Plaintiff does not constitute “a well-founded fear that would be subject to persecution” as a requirement of refugee under Article 1 of the Convention on the Status of Refugees (hereinafter “Refugee Convention”) and Article 1 of the Protocol Relating to the Status of Refugees (hereinafter “Refugee Protocol”).

(hereinafter “instant disposition”). C.

The Plaintiff filed an objection with the Minister of Justice on October 23, 2017, but the Minister of Justice dismissed the objection on September 3, 2018.

[Ground of recognition] Facts without dispute, 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. On March 2017, the Plaintiff asserted that he/she witnessed the scene where B (B; hereinafter “B”) a military officer (hereinafter “B”) committed murder and reported it to the police.

After that, B threatened the Plaintiff to die if he discovered the fact that he had observed the crime, and during the process of finding the Plaintiff’s whereabouts, he also killed the Plaintiff’s remaining her.

Therefore, if the plaintiff returns to the country of nationality, life is in danger.

Nevertheless, the defendant's disposition of this case which did not recognize the plaintiff as a refugee should be revoked in an unlawful manner.

B. Determination 1 of the Refugee Act provides for matters concerning the status and treatment of refugees in accordance with the Refugee Convention and the Refugee Protocol, etc. However, there is a well-founded fear to recognize that refugee status may be persecution for reasons of race, religion, nationality, status as a member of a particular social group or political opinion.

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