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(영문) 서울행정법원 2019.05.23 2019구단52693
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 12, 2017, the Plaintiff entered the Republic of Korea with the status of stay for short-term visits (C-3) from August 12, 2017.

B. On August 17, 2017, the Plaintiff applied for refugee status to the Defendant. However, on December 12, 2017, the Defendant rendered a decision to deny 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 January 12, 2018, but the Minister of Justice dismissed the Plaintiff’s objection on September 3, 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 asserted that he was a youth leader of the village in Zaria, and around February 2017, he found the village by the grass-Iurs, who had been suffering from the village, and his sourged so that the sourgs, who had been suffering from all of the crops of the village, were able to organize an organization against grass-Iur as a youth leader.

Along on April 2017, Rathos found a village and caused the death of people due to their driving away from their own. Around April 2017, Rathos paid attention to the Plaintiff for the reason that the Plaintiff was young leaders.

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 a State of nationality due to well-founded fear to recognize that he/she is likely to be injured on the grounds of race, religion, nationality, status as a member of a particular social group or political opinion, or any such foreigner.

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