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(영문) 서울행정법원 2019.04.25 2019구단51683
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 May 21, 2016, the Plaintiff entered the Republic of Korea as a foreigner with the means of nationality with a short-term visit (C-3) sojourn status.

B. On June 29, 2016, the Plaintiff applied for refugee status to the Defendant. However, on February 22, 2018, the Defendant rendered a decision to deny 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 March 15, 2018, but the Minister of Justice dismissed the Plaintiff’s objection on the same ground as on September 14, 2018.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 4, Eul evidence 1 to 5, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion was made by compulsory conscription around August 2014 by means of the Plaintiff’s assertion.

On October 2014, the Plaintiff was discovered at 3 days after the Plaintiff attempted to escape from the police and was consulted. However, the Plaintiff participated in the sloping again and went to leave the Republic of Korea from the means with the help of relatives who were working as the senior police.

The disposition of this case that the Plaintiff did not recognize the Plaintiff as a refugee is unlawful even though it is likely to be injured by gambling, murder, etc. on the ground that he/she was deprived of his/her own nationality.

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 injured on the grounds of race, religion, nationality, status as a member of a particular social group, or political opinion, or a stateless foreigner who, due to such fear, is unable or does not want to return to the country in which he/she resided before entering the Republic of Korea (Article 2 subparag. 1 of the Refugee Act, “persecution” which serves as the requirement for the recognition of refugee status, is life-long.

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