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(영문) 서울행정법원 2019.01.10 2018구단21593
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 24, 2017, the Plaintiff entered the Republic of Korea as a short-term visit (C-3) sojourn status on May 24, 2017 and stayed, and applied for refugee status to the Defendant on July 14, 2017.

B. On January 31, 2018, the Defendant rendered a decision to recognize refugee status (hereinafter “instant disposition”) to the Plaintiff on the ground that the Plaintiff’s assertion does not constitute a case of “a well-founded fear that 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 Relating to the Status of Refugees.

C. The Plaintiff dissatisfied with the instant disposition and filed an objection with the Minister of Justice on March 2, 2018, but was dismissed on September 14, 2018, and the Plaintiff received a notice of dismissal decision on October 8, 2018.

【Reasons for Recognition】 Each entry in the evidence Nos. 1 and 2, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The plaintiff's assertion occurred in the case where soldiers were arrested part of the Ban-gun in the village in which the plaintiff resided and the plaintiff was killed by the plaintiff's parents and female students due to the rest of the Ban-gun's misunderstanding that soldiers had been living in the village, and the plaintiff was also threatened with murder.

Therefore, the defendant's disposition of this case made on a different premise is unlawful even though the plaintiff was a refugee suffering from persecution.

(b) Determination 1: Article 2 Subparag. 1 of the Refugee Act; a refugee refers to 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 foreigner who, due to such fear, is unable or would return to the country in which he/she had resided before entering the Republic of Korea.

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