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(영문) 서울행정법원 2019.04.25 2019구단2186
난민불인정처분취소
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 17, 2017 with the status of stay C-3 (short-term visit) of the Republic of Austria (Federia).

B. On May 24, 2017, the Plaintiff filed an application for recognition of refugee status with the Defendant, but on April 26, 2018, 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 “the well-founded fear of persecution” as prescribed by 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 (hereinafter “Refugee Protocol”).

C. The Plaintiff dissatisfied with the instant disposition on May 9, 2018, and filed an objection with the Minister of Justice. However, the Minister of Justice dismissed the Plaintiff’s objection on the same ground as the Minister of Justice on November 29, 2018.

[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. The plaintiff's assertion is a senior to a senior to a senior to a senior to a senior to a senior to a senior to a senior to a senior to a senior to a senior to an

From around 2005, the Plaintiff resided in the territory of the Republic of Korea and engaged in funeral services. On March 15, 2017, the Plaintiff’s family was the case of death of all of the Plaintiff’s family members by bloko’s bombing the Plaintiff’s house.

After that, the plaintiff got out of the church located in a place that is not far from B to avoid the threat of the Bobane, and came to Korea.

In the event that the plaintiff returns to Maria, he/she is still likely to be threatened with the right to life or physical freedom from Bocoin on the ground that he/she is a Maternology.

Nevertheless, the disposition of this case which did not accept the plaintiff's application for refugee status is unlawful and thus should be revoked.

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