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(영문) 서울행정법원 2019.04.12 2019구단50
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 is a foreigner of Chinese nationality.

On January 9, 2017, the Plaintiff entered the Republic of Korea as a short-term visit (C-3) sojourn status, and applied for refugee status to the Defendant on January 11, 2017.

B. On March 6, 2018, the Defendant rendered a decision to deny refugee status (hereinafter “instant disposition”) against the Plaintiff on the ground that there is a well-founded fear that the Plaintiff’s assertion would be subject to persecution as stipulated in Article 1 of the Convention on the Status of Refugees (hereinafter “Refugee”) and Article 1 of the Protocol Relating to the Status of Refugees (hereinafter “Refugee Protocol”).

C. The Plaintiff dissatisfied with the instant disposition and filed an objection with the Minister of Justice on April 3, 2018, but the Minister of Justice dismissed the Plaintiff’s objection on November 29, 2018.

On December 31, 2018, the Plaintiff received a notice of dismissal decision of an objection.

[Reasons for Recognition] Unsatisfy, Gap evidence 1, 2, Eul evidence 1 to 3, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The gist of the Plaintiff’s assertion is that the Plaintiff was the trainee of Pakistan, and on this ground, was threatened with the arrest of the Chinese public design.

Therefore, even though there is a well-founded fear that the plaintiff would suffer from gambling when he returns to China, the defendant's disposition of this case which did not recognize the plaintiff as a refugee on a different premise should be revoked because it is unlawful.

B. In full view of the provisions of Article 1 and Article 2 subparag. 1 of the Refugee Act, Article 1 of the Refugee Convention, and Article 1 of the Refugee Protocol, the Minister of Justice shall reside in Korea due to such fear, either a foreigner who is unable to obtain protection of the country of nationality or who does not want the protection of the country of nationality due to a well-founded fear of persecution on the grounds of race, religion, nationality, membership of a particular social group, or political opinion, or a foreigner who is not

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