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(영문) 서울행정법원 2019.04.03 2019구단50963
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 April 6, 2017, the Plaintiff entered the Republic of Korea with a short-term visit (C-3) sojourn status on April 6, 2017, and applied for refugee status to the Defendant on April 20, 2017.

B. On January 31, 2018, 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 on the Status of Refugees 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 March 5, 2018, but the objection was dismissed on September 14, 2018.

[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 the president of the traditional religion in the native village of Ageia, but the Plaintiff forced the residents of the native village to succeed to the president position of the Plaintiff after the Plaintiff’s death.

However, the plaintiff refused it, and thereafter, the residents of the native village began to threaten the plaintiff to kill.

Therefore, the instant disposition that the Plaintiff did not recognize the Plaintiff as a refugee on a different premise is unlawful, even though it is likely that the Plaintiff might be stuffed due to the foregoing circumstances when she returned to Austria.

B. 1 The term “refugee” means a foreigner who is unable or does not want to be protected by the country 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 a stateless foreigner who, due to such fear, cannot return to or does not want to return to the country in which he/she resided before entering the Republic of Korea.

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