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(영문) 서울행정법원 2018.07.19 2018구단60789
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 entered the Republic of Korea on January 14, 2017, as a foreigner of the Republic of Kazkhstan (hereinafter “Kazkhstan”)’s nationality, with the status of stay B-1 (Visa exemption) of the Republic of Kazkhstan.

B. On February 10, 2017, the Plaintiff filed an application for recognition of refugee status with the Defendant, but on May 12, 2017, the Defendant rendered a disposition for recognition of refugee status (hereinafter “instant disposition”) to the Plaintiff on the ground that it is difficult to recognize “the well-founded fear of persecution” as prescribed by Article 1 of the Convention on the Status of Refugees (hereinafter “Refugee Convention”) and Article 1 of the Protocol on the Status of Refugees (hereinafter “Refugee Protocol”) and Article 1 of the Protocol on the Status of Refugees (hereinafter “Refugee Protocol”).

C. The Plaintiff dissatisfied with the instant disposition on June 1, 2017, and filed an objection with the Minister of Justice, but the Minister of Justice dismissed the Plaintiff’s objection on the same ground as on December 7, 2017.

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

2. The assertion and judgment

A. The Plaintiff’s assertion was made by means of intimidation, which was the threat that the Plaintiff’s scambling from Islamic Scam to Islamic Scams in 2016 and twice on September 15, 2016.

In the event that the plaintiff returns to Kazakh's own country, there is a risk of threatening the life or physical freedom from the Kazakh's forest.

Nevertheless, the disposition of this case which rejected the Plaintiff’s application for refugee status should be revoked as it is unlawful.

B. Article 2 Subparag. 1 of the Refugee Act provides that a person who is a member of a particular social group is unable to obtain the protection of his/her country of nationality due to well-founded fear that he/she may be disadvantaged on the ground of his/her race, religion, nationality, status as a member of a particular social group, or political opinion.

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