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(영문) 서울행정법원 2019.09.24 2019구단11579
난민불인정결정취소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. In the course of the disposition, the following facts: (a) on May 20, 2017, a short-term visit for refugee status (C-3, 30 days) (hereinafter “instant disposition”) on the date of entry into the Republic of Korea of the Republic of Korea on May 20, 2017; (b) the date of application for refugee status recognition (hereinafter “instant disposition”); (c) January 15, 2019, the date of the application for refugee status status recognition; (d) the date of the decision on July 18, 2017; (e) there is no dispute that there is no ground for recognizing the rejection of the decision made on May 27, 2019 on the date of application for objection; (e) evidence A, evidence B, and 2; and (e) the purport of the entire pleadings as a whole.

2. Whether the instant disposition is lawful

A. After the Plaintiff’s assertion died on August 2016, 2016, there was a dispute over the property owned by the Plaintiff.

On May 2017, when the plaintiff left the land together with the plaintiff-gu, there was physical fighting between the family members of the son's son's son's son's son's son's son's son's son's son's son's son's son.

After that, a family member of the double-class system has entered the Republic of Korea as a threat to the death of the plaintiff.

Nevertheless, the instant disposition that did not recognize the Plaintiff as a refugee is unlawful.

B. (1) In full view of the provisions of Article 2 subparag. 1 and Article 18 of the Refugee Act, Article 1 of the Convention on the Status of Refugees, and Article 1 of the Protocol on the Status of Refugees, the Minister of Justice must recognize a foreigner in the Republic of Korea who is unable or does not want the protection of the country of his nationality due to well-founded fear of persecution for reasons of race, religion, nationality, membership of a particular social group, or political opinion, as a refugee.

“persecution” that is a requirement for recognition of refugee status refers to “any act causing serious infringement of or discrimination against essential human dignity, including threats to life, body or freedom,” and filing an application for recognition of refugee status.

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