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(영문) 서울행정법원 2020.02.11 2019구단16451
난민불인정결정취소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. The details of the disposition are as follows: (a) the Tourism Center of the Republic of Korea (B-2, 30 days) on October 21, 2017 and the application for refugee status recognition (hereinafter “instant disposition”) on November 14, 2017 on the date of application for refugee status recognition (B-2, 30 days); (b) June 28, 2018 on the date of notification of the decision of the decision of the decision of the decision of June 28, 2018; (c) there is no dispute as to the grounds for recognition of the decision of the decision of the decision of the decision of May 27, 2018; (d) the facts that there is no ground for recognition of the decision of the decision of the decision of the decision of the decision of the decision of May 27, 2019;

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion was submitted by Egypt to Egypt to sell agricultural products, and the Plaintiff was threatened by the obligee due to the Plaintiff’s failure to pay agricultural products.

In order to avoid such threat, the instant disposition that did not recognize the Plaintiff as a refugee even though the Plaintiff entered the Republic of Korea and applied for recognition of refugee status is unlawful.

B. (1) In full view of the provisions of Article 2 subparag. 1 and Article 18 of the Refugee Act, Article 1 of the Convention on the Status of Refugees, and Article 1 of the Protocol on the Status of Refugees, the Minister of Justice must recognize a foreigner in the Republic of Korea who is unable or does not want the protection of the country of his nationality due to well-founded fear of persecution for reasons of race, religion, nationality, membership of a particular social group, or political opinion, as a refugee.

“persecution” which is a requirement for refugee status refers to “any act causing serious infringement of, or discrimination against, essential human dignity, including threats to life, body, or freedom.” A foreigner who files an application for refugee status must prove that there is a “a sufficient-founded fear of fear.”

See Doll Dol Dol Dol, the reason alleged by the plaintiff itself is merely a private threat due to the obligation and obligation, and it does not correspond to the requirement of refugee status.

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