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(영문) 서울행정법원 2019.01.09 2018구단21067
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 May 11, 2016, the Plaintiff entered the Republic of Korea with the status of visa exemption (B-1) status as a foreigner of Kazakhistan nationality, and applied for refugee recognition to the Defendant on August 31, 2016.

B. On September 20, 2017, the Defendant rendered a decision on the refusal of refugee status (hereinafter “instant disposition”) on the ground that the Plaintiff cannot be deemed as having “a well-founded fear of persecution” as stipulated in Article 1 of the Convention on the Status of Refugees and Article 1 of the Protocol on the Status of Refugees.

C. On November 8, 2017, the Plaintiff filed an objection with the Minister of Justice on the ground that the objection was dismissed on September 14, 2018.

[Ground of recognition] Facts without dispute, entry of evidence Nos. 1 and 2, purport of the whole pleadings

2. Whether the instant disposition is lawful

A. Although the grounds for applying for refugee status do not specifically appear in the summary of the Plaintiff’s assertion, it is written in the complaint to the effect that the application for refugee status is filed on the same grounds as the Plaintiff alleged in the procedures for refugee status screening, the Plaintiff’s assertion was arranged based on the Plaintiff’s statement at the time of the Plaintiff’

The Plaintiff was forced to open first from the Cmphus Cmphus on February 2, 2014, and around April 12, 2016, the Plaintiff was also killed on the ground that Cmphusus Cmphuss (the Plaintiff’s friendly-gu D, the Bmphus Forest, refused to open to Cmphus.

Therefore, inasmuch as there exists a well-founded fear that the Plaintiff would be subject to gambling in the event of returning to the Republic of Korea with Kabstan, the instant disposition that did not recognize the Plaintiff as a refugee on a different premise is unlawful.

B. “Refugee 1” refers to the protection of a country of nationality due to well-founded fear to recognize that a person is likely to be injured on the grounds of race, religion, nationality, status as a member of a particular social group, or political opinion.

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