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(영문) 서울행정법원 2019.04.19 2018구단23834
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. The Plaintiff is a foreigner of the Republic of Korea nationality.

On September 23, 2017, the Plaintiff entered the Republic of Korea with a short-term visit (C-3) sojourn status, and applied for refugee status to the Defendant on September 28, 2017.

B. On November 6, 2017, the Defendant rendered a decision to deny refugee status (hereinafter “instant disposition”) against the Plaintiff on the ground that there is a well-founded fear that the Plaintiff’s assertion would be subject to persecution as a requirement for refugee status under Article 1 of the Convention on the Status of Refugees (hereinafter “Refugee”) and Article 1 of the Protocol Relating to the Status of Refugees (hereinafter “Refugee Protocol”).

C. The Plaintiff dissatisfied with the instant disposition and filed an objection with the Minister of Justice on December 13, 2017, but the Minister of Justice dismissed the Plaintiff’s objection on September 3, 2018.

On October 10, 2018, the Plaintiff received a notice of dismissal decision of an objection.

[Reasons for Recognition] Unsatisfy, Gap evidence Nos. 1, 2, Eul evidence Nos. 1, 2 and 5, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The gist of the Plaintiff’s assertion was that the Plaintiff left a stable match at the stable located in the Senegdo-U.S., and there was nine casualties between the team support team and the two team support team at all times.

Since police officers are trying to arrest the plaintiff as the perpetrator of the instant case, the plaintiff cannot return to the third party.

Therefore, even though there is a well-founded fear that the Plaintiff would suffer from persecution when she return to the Republic of Korea, the Defendant’s disposition of this case, which did not recognize the Plaintiff as a refugee on a different premise, should be revoked as it is unlawful.

B. In full view of the provisions of Article 1 and Article 2 subparag. 1 of the Refugee Act, Article 1 of the Refugee Convention, and Article 1 of the Refugee Protocol, the Minister of Justice shall be a member of a race, religion, nationality, or a particular social group.

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