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(영문) 서울행정법원 2019.07.24 2019구단62027
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 5, 2017, the Plaintiff entered the Republic of Korea with a short-term visit (C-3) sojourn status on June 5, 2017, and applied for refugee status to the Defendant on June 14, 2017.

B. On August 20, 2018, the Defendant rendered a decision on the refusal of refugee status (hereinafter “instant disposition”) on the ground that the Plaintiff cannot be deemed as having “a well-founded fear of 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. As to this, the Plaintiff filed an objection with the Minister of Justice on September 27, 2018, but was dismissed on February 14, 2019.

[Reasons for Recognition] Unsatisfy, Gap evidence Nos. 1 through 4, Eul evidence Nos. 1 and 2, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The plaintiff's reference to the plaintiff's assertion was forced from village residents to succeed to the position of the president of a traditional religion in the native village, but rejected it, and thereby, the plaintiff was killed by village residents.

After that, community residents forced the Plaintiff to succeed to the president of the traditional religion, but the Plaintiff was refused to do so, which led to the Plaintiff’s death by village residents, such as the Plaintiff’s father, and thus, the Plaintiff left a high village. However, community residents sent a cell phone message to the Plaintiff that they would die if they will not succeed to the president’s position, and continuously threatened the Plaintiff.

Therefore, the instant disposition that the Plaintiff did not recognize the Plaintiff as a refugee on a different premise is unlawful, even though it is likely that the Plaintiff might be stuffed due to the foregoing circumstances if it returned to Austria.

B. 1 The term “refugee” is a well-founded fear to recognize that a person is likely to be disadvantaged on the ground of race, religion, nationality, status as a member of a specific social group, or political opinion.

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