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(영문) 서울행정법원 2020.10.27 2020구단9695
난민불인정결정취소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. The details of the disposition are as follows: (a) entry in the evidence No. 1 and No. 2 of the grounds for recognizing the refusal of refugee status in the decision of November 29, 2018 on September 27, 2017, the date of application for refugee status exemption (B-1) on February 15, 2017, the date of entry into the Republic of Korea of the Republic of Korea of the Republic of Korea; (b) the date of application for refugee status exemption (hereinafter “instant disposition”) on September 27, 2017; and (c) the purport of the entire pleadings, as the grounds for recognizing the refusal of refugee status by the decision of the decision of November 29, 2018: the date of application for objection, which was December 17, 2018.

2. Whether the instant disposition is lawful

A. The Plaintiff asserted that the Plaintiff had imported and sold the re-wing mold machinery in China or Russia from China or Russia.

On November 2016, a person suspected of being a creditor who did not receive an order from the goods, and his/her conduct was destroyed by the Plaintiff’s automobile, and three persons working on the creditor’s day committed assaulting the Plaintiff by having the goods loaded in the Plaintiff and threatening the Plaintiff, and more than ten days thereafter, four non-merchants assaulted the Plaintiff with the camping net and the entire part of the hand and bridge.

In the event that the Plaintiff returned to Kazakhstan, the instant disposition that did not recognize the Plaintiff as a refugee was unlawful despite the possibility of being stuffed for the said reasons.

B. (1) In full view of the provisions of Article 2 subparag. 1 and Article 18 of the Refugee Act, Article 1 of the Convention on the Status of Refugees, and Article 1 of the Protocol on the Status of Refugees, the Minister of Justice must recognize a foreigner in the Republic of Korea who is unable or does not want the protection of the country of nationality due to well-founded fear of persecution for reasons of race, religion, nationality, membership of a particular social group, or political opinion, as a refugee.

"persecution", which is a requirement for recognition of refugee status, is against the essential human dignity, including threats to life, body or freedom.

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