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(영문) 서울행정법원 2019.05.28 2018구단23131
난민불인정결정취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. In the course of the disposition, the following facts are without any dispute: (a) there is no ground for recognizing the rejection of the decision made on September 14, 2018 of the date of the application for refugee status recognition application (E-9, 1 year) for refugee status manufacturing business (E-9, 1 year) on June 30, 2010 of the date of entry of the People’s Republic of Korea; (b) the date of the application for refugee status recognition application (hereinafter “instant disposition”) on January 6, 2017; and (c) there is no ground for recognizing the rejection of the decision made on September 14, 2018 of the date of the application for objection, which is the date of the decision made on March 20, 2018.

2. Whether the instant disposition is lawful

A. The Plaintiff asserted that the Plaintiff was responsible for the president of the Skypt when he/she had a university.

At that time, C requested the Plaintiff to cooperate with C of the student organization in order to use the government subsidy paid to Scarart, but the Plaintiff refused this, and the Plaintiff mobilized B members around March 2010, and attacked the Plaintiff and Scart members.

At the time of the collision, C suffered the injury of D, the birth relationship of C, and C, by borrowing it, has threatened the plaintiff and the plaintiff's family.

In order to avoid such a threat, the disposition of this case which did not recognize the Plaintiff as a refugee even though the Plaintiff filed an application for recognition of refugee status was unlawful.

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 his 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.

The term "persecution", which is a requirement for recognition of refugee status, causes serious infringement of or discrimination against essential human dignity, including threats to life, body or liberty.

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