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(영문) 서울행정법원 2019.04.24 2018구단23711
난민불인정결정취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Details of a decision not to recognize refugee status;

A. The Plaintiff entered the Republic of Korea on February 4, 2017, with the status of stay from visa exemption (B-1) on February 4, 2017, as a foreigner of the nationality of Kazakhstan (B-1) (B-1), together with C (DF female), E (FF male) who is a minor child, and G (H student male).

B. On March 20, 2017, after March 6, 2017, the date when the period of sojourn expires, the Plaintiff filed an application for refugee status with the Defendant on the ground that “the Plaintiff was threatened with openings from the Simmpis.” However, on April 10, 2017, the Defendant rendered a decision on refugee status refusal against the Plaintiff on the ground that “the Plaintiff is deemed not to be a person subject to the Refugee Convention and the Refugee Act” (hereinafter “instant disposition”), and the Plaintiff filed an objection with the Minister of Justice, but the Minister of Justice dismissed the objection on September 14, 2018.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 5, Eul evidence 1 to 4, the purport of the whole pleadings

2. The Plaintiff asserted that he was bankrupted due to the Scood among business partners, as a hydrophcveck, who operated a used vehicle parts business. They forced the Plaintiff’s family members to intimidation, forced the Plaintiff to open a species, and assault the Plaintiff.

In the situation where such violence and intimidation are in mind, the plaintiff has become aware of the identity of his wife and children and entered the Republic of Korea as he seems to flee.

Therefore, the Plaintiff constitutes a person who has a well-founded fear to recognize that the Plaintiff may be injured on the grounds of religion, and thus, the instant disposition that did not recognize the Plaintiff as a refugee should be revoked in an unlawful manner.

3. A person who has a well-founded fear of being recognized that the Plaintiff may be injured for reasons of religion in light of the following circumstances, which are acknowledged by integrating each of the above evidence and the statement in No. 5 of the above evidence and evidence No. 5.

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