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(영문) 서울행정법원 2020.01.14 2019구단14028
체류자격부여불허결정취소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. During the disposition, the reasons for recognizing refugee status exemption (B-1, 30 days) of the date of entry into the Republic of Korea of the Republic of Korea of June 1, 2017 (B-1, 30 days) of the date of application for refugee status exemption (hereinafter “instant disposition”) on November 27, 2017 of the date of application for refugee status exemption (hereinafter “instant disposition”) cannot be recognized as having sufficiently-founded fear that the subject of decision on August 23, 2019 would suffer persecution: The entries in the evidence 1 and 2, and the purport of the entire pleadings.

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion was Suwon Muspha, which was a threat from Kazakhstan to Ampha B, that the Plaintiff was a threat of Makhstan B to the members of Empha.

The instant disposition that did not recognize the Plaintiff as a refugee even though the Plaintiff entered the Republic of Korea and applied for recognition of refugee status was unlawful.

B. (1) In full view of the provisions of Article 2 subparag. 1 and Article 18 of the Refugee Act, Article 1 of the Convention on the Status of Refugees, and Article 1 of the Protocol on the Status of Refugees, the Minister of Justice must recognize a foreigner in the Republic of Korea who is unable or does not want the protection of the country of his nationality due to well-founded fear of persecution for reasons of race, religion, nationality, membership of a particular social group, or political opinion, as a refugee.

“persecution” which is a requirement for refugee status refers to “any act causing serious infringement of, or discrimination against, essential human dignity, including threats to life, body, or freedom.” A foreigner who files an application for refugee status must prove that there is a “a sufficient-founded fear of fear.”

B. In light of the following circumstances, the Plaintiff’s membership in the race, religion, nationality, and specific social group, even in consideration of all the evidence submitted by the Plaintiff and all the circumstances alleged by the Plaintiff, which can be seen by comprehensively taking into account, the respective descriptions in subparagraphs B through B, and the purport of the entire arguments.

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