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(영문) 서울행정법원 2019.03.20 2018구단24325
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 November 5, 2016, the Plaintiff entered the Republic of Korea on a short-term visit (C-3) sojourn status on a short-term basis, and applied for refugee status to the Defendant on February 13, 2017.

B. On July 6, 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.

[Ground of recognition] Facts without dispute, entry of evidence Nos. 1 and 2, 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’

The plaintiff is a small number of people of the nationality of the Republic of KIKO, and during the course of running a business in the Republic of KIKO, the plaintiff suffered damage, such as selling cars, parts, etc. to many people of the nation, and failing to receive goods, etc., and the police detained the plaintiff without any reason, and covered the plaintiff.

Therefore, since there exists a well-founded fear that the Plaintiff’s return to Korea is likely to be harmful to gambling as above, the instant disposition that did not recognize it on a different premise is unlawful.

B. “Refugee 1” refers to the protection of a country of nationality due to well-founded fear to recognize that a person is likely to be injured on the grounds of race, religion, nationality, status as a member of a particular social group, or political opinion.

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