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(영문) 서울행정법원 2019.03.29 2019구단50192
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 May 20, 2017, the Plaintiff entered the Republic of Korea with the short-term visit (C-3) status on May 20, 2017, and applied for refugee status to the Defendant on July 11, 2017.

B. On January 12, 2018, the Defendant rendered a decision to deny refugee status on the ground that the grounds for applying for recognition of refugee status as alleged by the Plaintiff against the Plaintiff does not constitute “a well-founded fear of persecution” as stipulated by Article 1 of the Convention on the Status of Refugees (hereinafter “Refugee”) and Article 1 of the Protocol Relating to the Status of Refugees (hereinafter “Refugee Protocol”) as a requirement for refugee status.

(hereinafter “instant disposition”). C.

The Plaintiff filed an objection with the Minister of Justice on February 19, 2018, but the Minister of Justice dismissed the objection on September 14, 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. The Plaintiff asserted that the Plaintiff conspireds with the Plaintiff, which, while the mother of the said female was aware of the teaching agenda, threatened the Plaintiff with his intention to die without suspending the teaching agenda.

The Plaintiff’s aforementioned situation constitutes a well-founded fear that there is sufficient ground to recognize that the Plaintiff may be harmed on the ground that he/she is a member of a specific social group, and the Plaintiff does not want to be protected from the country of nationality.

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, treatment, etc. of refugees in accordance with the Refugee Convention and the Refugee Protocol. This is due to the fear of being well-founded to recognize that the status, treatment, etc. of refugees may be harmed for reasons of race, religion, nationality, status as a member of a particular social group or political opinion.

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