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(영문) 서울행정법원 2020.07.24 2020구단8814
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 April 11, 2017, the Plaintiff entered the Republic of Korea with the visa exemption (B-1) status on April 11, 2017, and applied for refugee recognition to the Defendant on June 29, 2017.

B. On April 13, 2018, the Defendant rendered a decision on the recognition of refugee status (hereinafter “instant disposition”) against the Plaintiff on the ground that the Plaintiff’s assertion does not constitute “a sufficiently-founded fear of persecution” as a refugee requirement under Article 1 of the Convention on the Status of Refugees and Article 1 of the Protocol Relating to the Status of Refugees.

C. The Plaintiff dissatisfied with the instant disposition and filed an objection with the Minister of Justice on April 23, 2018, but the Minister of Justice dismissed the Plaintiff’s objection on October 18, 2019.

[Ground of recognition] Facts without dispute, Gap evidence 2, 3, Eul evidence 1, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion is a member of B, who is an organization for the independence of the private region in its home country, and was signed in the questionnaire related to the private region’s independence. The Plaintiff’s assertion was assaulted and threatened by 2-3 members of the Plaintiff’s high school, supporting the Government.

In the event that the plaintiff returned to a country of nationality, the disposition of this case which did not recognize the plaintiff as a refugee despite the possibility of persecution in the above circumstances is unlawful.

B. 1) The term “refugee” means a foreigner who is unable or does not want to be 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, or a stateless foreigner who, due to such fear, cannot return to or does not want to return to the country in which he/she resided before entering the Republic of Korea (Article 2 Subparag. 1 of the Refugee Act).

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