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(영문) 서울행정법원 2019.03.20 2019구단166
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 July 13, 2016, the Plaintiff entered the Republic of Korea with a short-term visit (C-3) sojourn status on a short-term visit on July 13, 2016, and applied for refugee status to the Defendant on September 30, 2016.

B. On September 18, 2017, the Defendant rendered a decision to recognize refugee status (hereinafter “instant disposition”) on the ground that the Plaintiff does not constitute a case where there is a well-founded fear that the Plaintiff would be subject to persecution” as a requirement of refugee under Article 1 of the Convention on the Status of Refugees and Article 1 of the Protocol on the Status of Refugees.

C. As to this, the Plaintiff filed an objection with the Minister of Justice on September 19, 2017, but 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 residing in the Sk-sik-si Sari State of India adjacent to Pakistan, but B, a terrorist organization of Pakistan, invaded the plaintiff's high-speed village around January 2016, and forced the residents of the high-speed village who believe that the plaintiff et al. al. of the Sik-si, including the plaintiff, to go to Islamic state in the Sik-si.

Therefore, since there exists a well-founded fear that the Plaintiff’s return to Korea through India would be subject to gambling from B as above, the instant disposition that did not recognize the Plaintiff as a refugee on a different premise is unlawful.

B. Determination 1 “Refugee” is sufficient to recognize that a person is likely to be disadvantaged on the ground of race, religion, nationality, status as a member of a specific social group or political opinion.

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