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(영문) 서울행정법원 2019.09.18 2019구단10477
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 October 1, 2016, the Plaintiff entered the Republic of Korea with a short-term visit (C-3) sojourn status on October 1, 2016, and applied for refugee recognition to the Defendant on June 26, 2017.

B. On October 10, 2018, the Defendant rendered a decision on the recognition of refugee status (hereinafter “instant disposition”) to the Plaintiff on the ground that the Plaintiff does not constitute a case where there is a well-founded fear that the Plaintiff would be subject to persecution” as a requirement of refugee under Article 1 of the Convention on the Status of Refugees and Article 1 of the Protocol Relating to the Status of Refugees.

C. The Plaintiff filed an objection with the Minister of Justice on October 19, 2018, respectively, but was dismissed on April 10, 2019.

[Reasons for Recognition] Uncontentious Facts, Entry B in Evidence Nos. 1 and 2, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. Although the grounds for applying for refugee status do not specifically appear in the summary of the Plaintiff’s assertion, it is written in the complaint to the effect that the application for refugee status is filed on the same grounds as the Plaintiff alleged in the procedures for refugee status screening, the Plaintiff’s assertion was arranged based on the Plaintiff’s statement at the time of the Plaintiff’

From March 2010 to August 2016, 2016, the Plaintiff worked as a pharmacist at the pharmacy called “C”, which is the representative of the Plaintiff’s pharmacy, and the representative of the above pharmacy held office as the representative of the E political party in Mongolian Island from 2012 to 2016. However, after the total election in 2016, the Plaintiff became a Gun member while having the F political party gathered.

After that, from August 2016 to September 2016, F political party members found two to three times the above pharmacy to the account used by the above pharmacy to the Plaintiff, and had the Plaintiff take the Plaintiff into a party office 7 to 8 times, and caused the Plaintiff to sign in blank, and caused the Plaintiff to do violence.

Therefore, there is a well-founded fear that when the plaintiff returns to Mongolia, he would be subject to gambling as above.

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