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(영문) 서울행정법원 2019.04.03 2019구단3097
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 August 2, 2017, the Plaintiff entered the Republic of Korea with tourism and Tong (B-2) sojourn status on August 2, 2017, and applied for refugee recognition to the Defendant on August 17, 2017.

B. On December 18, 2017, the Defendant rendered a decision on the recognition of refugee status (hereinafter “instant disposition”) to the Plaintiff on the ground that the Plaintiff does not constitute a case where there is a well-founded fear that the Plaintiff would be subject to persecution” as a requirement of refugee under Article 1 of the Convention on the Status of Refugees and Article 1 of the Protocol Relating to the Status of Refugees.

C. On January 24, 2018, the Plaintiff filed an objection with the Minister of Justice, but the objection was dismissed on September 3, 2018.

[Reasons for Recognition] Unsatisfy, Gap evidence 1 to 3, Eul evidence 1 and 2, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The purport of the Plaintiff’s assertion was that the Plaintiff conducted the automobile sales business with the Plaintiff’s partner before the Plaintiff’s birth. After the Plaintiff’s death, there was a conflict between the Plaintiff and the Plaintiff’s partner regarding the issue of share distribution.

After that, the children of the partner's families and the plaintiff's family members were threatened several times, and on November 201 to December 12, 2016, the plaintiff was dissatisfied with the other children of the partner, and the plaintiff died due to the plaintiff's defense.

As a result, the partner of the partner's office was fired by the plaintiff's office, and the plaintiff is highly likely to be killed as a retaliation due to the plaintiff's death.

Therefore, the instant disposition that the Plaintiff did not recognize the Plaintiff as a refugee on a different premise is unlawful, inasmuch as there exists a well-founded fear that the Plaintiff would be subject to persecution from the said partner and his family members of the Plaintiff’s return to the Republic of Korea.

B. Determination 1 is based on race, religion, nationality, and specific social group.

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