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(영문) 서울행정법원 2020.11.27 2020구단17009
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 July 19, 2016, the Plaintiff entered the Republic of Korea with a short-term visit (C-3) status on July 19, 2016, and applied for refugee status to the Defendant on June 27, 2019.

B. On July 9, 2019, the Defendant rendered a decision on the recognition of refugee status (hereinafter “instant disposition”) against the Plaintiff on the ground that the Plaintiff’s assertion does not constitute “a sufficiently-founded fear of persecution” as a refugee requirement under Article 1 of the Convention on the Status of Refugees and Article 1 of the Protocol Relating to the Status of Refugees.

C. The Plaintiff dissatisfied with the instant disposition and filed an objection with the Minister of Justice on August 16, 2019, but the Minister of Justice dismissed the Plaintiff’s objection on June 19, 2020.

[Ground of recognition] Facts without dispute, Gap evidence 2, 3, Eul evidence 2, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s alleged Kamera Government was stuffing members B (B; hereinafter “B”), and the Plaintiff joined B in 2013 and worked as a member of the student organization from 2014, and was arrested and detained by the police on the ground that he/she went to a B secret meeting around August 2015 or 2016.

In the event that the plaintiff returned to his country of nationality, the disposition of this case which did not recognize the plaintiff as a refugee is unlawful even though he could be re-arrested, detained, or killed.

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).

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