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(영문) 서울행정법원 2019.10.16 2019구단14370
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 August 18, 2017, the Plaintiff entered the Republic of Korea with visa exemption (B-1) status on August 18, 2017, and applied for refugee status to the Defendant on November 2, 2017.

B. On September 14, 2018, 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 October 19, 2018, but was dismissed on July 30, 2019.

[Reasons for Recognition] Uncontentious Facts, Entry B in Evidence Nos. 1 and 2, the 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’

In Turkey, there has occurred a transfer between the armed forces of B and the Government of Turkey, an armed organization that wants to be separated from cushion, and around 2017, military cushion has occurred and security is unstable.

In addition, the Plaintiff’s imprisonment is likely to be executed in the event that the Plaintiff returns to Turkey with a final and conclusive imprisonment due to an act of drinking alcohol in Turkey.

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

B. Determination 1 refers to a person who is a member of a certain social group or a political opinion and is likely to be imprisoned for reasons of race, religion, nationality, status as a member.

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