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(영문) 서울행정법원 2019.11.21 2019구단67053
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. The plaintiff is well-known.

On June 30, 2016, a foreigner of nationality entered the Republic of Korea as a short-term visit (C-3) sojourn status and applied for refugee status to the defendant on May 22, 2019.

B. On June 4, 2019, the Defendant rendered a decision on the refusal of refugee status on the ground that, as to the Plaintiff, it cannot be recognized as a “founded well-founded fear of being injured” as a requirement of refugee under Article 1 of the Convention on the Status of Refugees and Article 1 of the Protocol on the Status of Refugees.

(hereinafter “Disposition in this case”). 【No dispute exists, Gap’s evidence Nos. 1, 2, and Eul’s evidence Nos. 1, 2, and 5, and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The plaintiff's assertion is well-known.

The plaintiff entered the Republic of Korea regardless of the fact that he was subject to tracking from the police while joining the B organization, and he applied for refugee status with the plaintiff.

The members of the B organization who returned to the police were arrested by the police, which includes the plaintiff's private villages.

Therefore, the Plaintiff constitutes a foreigner who is unable or does not want to be protected by the country of nationality due to well-founded fear that he/she is likely to be detrimental to the status of a member of a specific social group or political opinion, but the Defendant’s disposition of this case on a different premise should be revoked in an unlawful manner.

B. 1) The term “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 that he/she may be harmed on the grounds of race, religion, nationality, status as a member of a particular social group, or political opinion, or a stateless foreigner who, due to such fear, is unable or does not want to return to the country in which he/she resided before entering the Republic of Korea (see Article 2 subparag. 1 of the Refugee Act).

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