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(영문) 서울행정법원 2020.07.02 2020구단6429
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, a foreigner of the Republic of Korea, entered the Republic of Korea on January 28, 2018 under the status of stay for short-term visits (C-3).

B. On January 31, 2018, the Plaintiff applied for refugee status to the Defendant. However, on May 22, 2019, the Defendant rendered a decision to deny refugee status (hereinafter “instant disposition”) on the ground that the Plaintiff’s assertion would be subject to persecution as stipulated in Article 1 of the Convention on the Status of Refugees and Article 1 of the Protocol on the Status of Refugees.

C. The Plaintiff filed an objection with the Minister of Justice on May 29, 2019, but the Minister of Justice dismissed the Plaintiff’s objection on December 23, 2019.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 3, Eul evidence 1 to 3, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff asserted that he worked in the Republic of Korea in the Company B, and was subject to fraud from the company operated by the said Company in the criminal organization, and that the Plaintiff reported this to the police and NBI, thereby threatening the Plaintiff in the criminal organization.

On August 20, 2017, three male men assaulted the plaintiff, and if the plaintiff continues to work, it also threatened the plaintiff to reduce his/her family.

In the event that the plaintiff returned to his own country, the disposition of this case which did not recognize the plaintiff as a refugee despite the possibility of persecution in the above circumstances is unlawful.

B. 1 The term “refugee” means a foreigner who is unable or does not want to be protected by a State of nationality due to well-founded fear of being aware that he/she may be harmed by race, religion, nationality, status as a member of a particular social group, or political opinion, or a stateless foreigner who, due to such fear, could not return to, or does not want to return to, a State in which he/she resided before entering the Republic of Korea.

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