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(영문) 서울행정법원 2019.11.05 2019구단11029
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) the Tourism Register of the Republic of Korea on May 19, 2016 (B-2, 30 days) the date of entry into the Republic of India of the Plaintiff’s nationality; (b) the application for refugee status recognition (hereinafter “instant disposition”) on August 25, 2016, the date of application for refugee status recognition (hereinafter “instant disposition”) was determined on August 25, 2016; (c) the reasons for refugee status non-recognition: The fact that there is no ground for rejection of the decision of the Supreme Court on April 10, 2018 of the date of application for objection, which was determined on January 23, 2018; (d) the facts that there is no ground for rejection of the decision of the Supreme Court on April 10, 2019; and

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion was that the Plaintiff could not continue to operate the business upon the intimidation’s intimidation to pay back money from the local pits.

In India, there was a threat of the Muslim to open the plaintiff as an Libando to Islamic school.

Because of such threat, the instant disposition that did not recognize the Plaintiff as a refugee even though the Plaintiff entered the Republic of Korea and applied for refugee recognition 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” which is a requirement for refugee status refers to “any act causing serious infringement of, or discrimination against, essential human dignity, including threats to life, body, or freedom.” A foreigner who files an application for refugee status must prove that there is a “a sufficient-founded fear of fear.”

Dolls, written statements in subparagraphs 3 through 6, and all pleadings.

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