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(영문) 서울행정법원 2019.09.05 2019구단8580
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. The Plaintiff entered the Republic of Korea on May 8, 2012, as a foreigner with the nationality of the Republic of Nmmmal Demal Demal (hereinafter “Nmal”), with the status of stay of E-9 (Non-professional Employment) (hereinafter “Nmal”).

B. On September 12, 2016, the Plaintiff filed an application for recognition of refugee status with the Defendant, but on November 22, 2017, the Defendant rendered a disposition for recognition of refugee status (hereinafter “instant disposition”) to the Plaintiff on the ground that it is difficult to recognize “profuges that there are sufficient grounds for fear of persecution” as stipulated in Article 1 of the Convention on the Status of Refugees (hereinafter “Refugee Convention”) and Article 1 of the Protocol on the Status of Refugees (hereinafter “Refugee Protocol”) and Article 1 of the Protocol on the Status of Refugees.

C. On December 5, 2017, the Plaintiff filed an objection with the Minister of Justice against the instant disposition. However, the Minister of Justice dismissed the Plaintiff’s objection on the same ground as on April 10, 2019.

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

2. The assertion and judgment

A. On September 2010, the Plaintiff asserted that he/she was forced by an illegal organization B (hereinafter “B”) to pay a donation, and that he/she was demanded to join the organization and then joined the organization. The Plaintiff was subject to intimidation and assault from his/her assistant staff members who did not comply therewith.

In 2011, the Plaintiff moved to Kathman (Kathman) at the end of 201, and thereafter, the Plaintiff took up a talk that B’s staff members found in the Plaintiff’s native house and returned to the Plaintiff’s whereabouts.

In the event that the plaintiff returns to the four arms in his own country, it is still likely to be threatened with the freedom of life or physical from the members of B.

Nevertheless, the disposition of this case which rejected the Plaintiff’s application for refugee status is unlawful.

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