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(영문) 서울행정법원 2019.07.25 2019구단7785
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 June 27, 2017, the Plaintiff entered the Republic of Korea with the status of stay for short-term visits (C-3) from June 27, 2017.

B. On June 30, 2017, the Plaintiff applied for refugee status to the Defendant. However, on July 27, 2018, the Defendant rendered a decision to recognize refugee status (hereinafter “instant disposition”) on the ground that the Plaintiff’s assertion would be subject to persecution as stipulated in Article 1 of the Convention on the Status of Refugees and Article 1 of the Protocol on the Status of Refugees.

C. The Plaintiff filed an objection with the Minister of Justice on September 10, 2018, but the Minister of Justice dismissed the Plaintiff’s objection on April 10, 2019.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1 to 4, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The plaintiff's assertion was employed for the preparation of food in the life wave between South and North Korea, a political person, in the Republic of Korea, while serving as the patriarchian in his own country.

However, food was used by many people, and the head of the above political person died.

The above political party filed a complaint by misunderstanding that the plaintiff died of his own children, and the police tried to arrest the plaintiff.

In the event that the plaintiff returns to his home country, the disposition of this case which did not recognize the plaintiff as a refugee even though it is likely to be detrimental to gambling due to such 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 harmed by race, religion, nationality, status as a member of a particular social group, or political opinion, or a stateless foreigner who, due to such fear, could not return to, or does not want to return to, a country in which he/she resided before entering the Republic of Korea (the Refugee Act).

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