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(영문) 서울행정법원 2019.11.13 2019구단9361
난민불인정결정취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The background of the decision to deny refugee status: ① The Plaintiff is a three-born female of Mongolian nationality, and is a minor father of Mongolian nationality B (Din male; hereinafter “B”) and Mongolian E (E; hereinafter “E”).

② On October 1, 2016, E entered the Republic of Korea with a short-term visit (C-3), and applied for refugee status to the Defendant on June 26, 2017. B entered the Republic of Korea with a short-term visit (C-3) status on January 4, 2017, and applied for refugee status to the Defendant on July 6, 2017. The Plaintiff entered the Republic of Korea with a short-term visit (C-3) status on October 23, 2017, and filed an application for refugee status with the Defendant on January 18, 2018.

③ On October 10, 2018, the Defendant decided not to grant refugee status to B and E, and on the same day, the Plaintiff rendered a decision not to grant refugee status (hereinafter “instant disposition”) on the ground that “parent’s application for refugee status was rejected.”

④ The Plaintiff filed each objection with the Minister of Justice, but the Minister of Justice dismissed B and E on April 10, 2019, respectively.

[Ground of recognition] Facts without dispute, entry of Eul's evidence Nos. 1 to 3, purport of the whole pleadings

2. The plaintiff's assertion that the plaintiff should reside together with the parent who filed an application for refugee status in the Republic of Korea. Thus, the disposition of this case which did not recognize the plaintiff as a refugee is unlawful.

3. The Plaintiff’s father, B, who is the Plaintiff’s father, filed a lawsuit seeking the cancellation of the above decision of non-recognition of refugee status on August 14, 2019, but was sentenced to a dismissal ruling on September 4, 2019 (Seoul Administrative Court 2019Gudan9378), and the Plaintiff’s mother, E, also filed a lawsuit seeking the cancellation of the above decision of non-recognition of refugee status, but on September 18, 2019, the fact that the said judgment became final and conclusive on October 8, 2019 (Seoul Administrative Court 2019Gudan10477) (Seoul Administrative Court 2019Gudan10477) is significant in this court.

Therefore, the plaintiff's status.

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