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(영문) 서울행정법원 2019.01.31 2018구단22442
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 15, 2016, the Plaintiff entered the Republic of Korea as a short-term visit (C-3) sojourn status on November 15, 2016 and stayed, and applied for refugee status to the Defendant on December 2, 2016.

B. On November 24, 2017, the Defendant rendered a decision on the recognition of refugee status (hereinafter “instant disposition”) to the Plaintiff on the ground that the Plaintiff’s assertion does not constitute a case of “a well-founded fear that 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 on the Status of Refugees.

C. The Plaintiff dissatisfied with the instant disposition and filed an objection with the Minister of Justice on January 25, 2018, but was dismissed on September 3, 2018, and the Plaintiff received a notice of dismissal decision on September 13, 2018.

[Reasons for Recognition] Gap evidence Nos. 1, 2, Eul evidence Nos. 1 and 2, and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s father’s assertion became a member of the organization B, which has a tradition that sacrifies his/her child as a sacrificing, and died of the Plaintiff’s sacrificing. The Plaintiff was a threat to driving away his/her sacrificing with B, who considered himself/herself as a sacrificing, and was unable to do so with his/her sacrificing, and sacrife his/her sa

Therefore, even though the Plaintiff’s status as a member of a specific social group or as a refugee suffering from persecution on the grounds of political opinion, the Defendant’s disposition taken on a different premise is unlawful.

(b) Determination 1: Article 2 Subparag. 1 of the Refugee Act; refugee status means a foreigner who is unable or does not want to be protected by a State 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 country in which he/she resided before entering Korea due to such fear.

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