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(영문) 서울행정법원 2019.09.19 2019구단62638
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 February 16, 2017, the Plaintiff entered the Republic of Korea with the status of stay for a short-term visit (C-3) as a foreigner of the Republic of Korea nationality.

B. On March 17, 2017, the Plaintiff applied for recognition of refugee status to the Defendant. However, on June 8, 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 Relating to the Status of Refugees, on the ground that it does not fall under “the fear”.

C. The Plaintiff filed an objection with the Minister of Justice on June 22, 2018, but the Minister of Justice dismissed the Plaintiff’s objection on February 14, 2019.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 4, Eul evidence 1 to 3, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion has been growing from Islamic families to Islamic believers, but around 2015, the Plaintiff changed the Plaintiff’s argument into linguology with lingu-gu and lingu-gu with linguology.

The plaintiff's reference was known to the plaintiff, and threatened the plaintiff with violence and death.

In the event that the plaintiff returned to his own country, the disposition of this case which did not recognize the plaintiff as a refugee despite the possibility of persecution in the above circumstances is unlawful.

B. 1) The term “refugee” refers to 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 specific 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 is the requirement for recognition of refugee status is a threat to life, body, or freedom.

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