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(영문) 서울행정법원 2019.05.29 2018구단5355
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 a short-term visit (C-3) on April 28, 2014, and applied for refugee status to the Defendant on July 16, 2015.

B. On April 3, 2017, the Defendant rendered a decision to deny refugee status (hereinafter “instant disposition”) on the ground that the Plaintiff cannot be deemed as having “a sufficiently-founded fear of persecution” as stipulated in Article 1 of the Convention Relating to the Status of Refugees (hereinafter “Refugee Convention”) and Article 1 of the Protocol Relating to the Status of Refugees.

C. As to this, the Plaintiff filed an objection with the Minister of Justice on May 8, 2017, but the objection was dismissed on December 7, 2017.

[Reasons for Recognition] Unsatisfy, Gap evidence Nos. 1 through 4, Eul evidence Nos. 1 and 2, 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 was the sleep, and around 2013, the Plaintiff was a slock to the slock. Around 2014, around 2014, the Plaintiff, a religious police officer, and the religious leader, knew of his religious slock B.

Then, the Plaintiff’s satisfe and threatened the Plaintiff to die without re-routing the Plaintiff’s satch with satching. The Plaintiff, who was born to the home of friendly Masat C, and entered the Republic of Korea.

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

B. 1 The term “refugee” means a foreigner who is unable or does not wish to be protected by a State of nationality due to well-founded fear to recognize that he/she may be injured on the grounds of race, religion, nationality, status as a member of a particular social group, or political opinion, or due to such fear.

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