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(영문) 서울행정법원 2019.01.16 2018구단76043
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 August 9, 2017, the Plaintiff entered the Republic of Korea with a short-term visit (C-3) sojourn status on August 9, 2017, and applied for refugee status to the Defendant on August 25, 2017.

B. On September 28, 2017, the Defendant rendered a decision on the refusal of refugee status (hereinafter “instant disposition”) on the ground that the Plaintiff cannot be deemed as having “a sufficiently-founded fear of persecution” as stipulated in Article 1 of the Convention on the Status of Refugees and Article 1 of the Protocol Relating to the Status of Refugees.

C. As to this, the Plaintiff filed an objection with the Minister of Justice on November 16, 2017, but was dismissed on June 12, 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. Around January 201, 2017, the Plaintiff’s summary of the Plaintiff’s assertion was found to be a new satise of the confidential personal support organization B (hereinafter “instant organization”). Accordingly, on or around February 15, 2017, the satise of the instant organization’s satise into the Plaintiff’s house and murdered the Plaintiff’s satise and two female students.

After that, around April 2017 and around June 2017, the members of the instant organization continued to threaten the Plaintiff by finding the Plaintiff’s house and continuing to threaten the Plaintiff.

Therefore, since there exists a well-founded fear that the plaintiff would be stuffed from the members of the organization of this case in the event that the plaintiff returns to ASEAN, the disposition of this case which did not recognize the plaintiff as a refugee on a different premise is unlawful.

B. Determination 1 “Refugee” does not want to be protected or protected by the country of nationality due to well-founded fear to recognize that he/she may 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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