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(영문) 서울행정법원 2020.08.12 2020구단58796
난민불인정결정취소
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. The circumstances leading up to the decision of non-recognition of refugee status ① The Plaintiff entered the Republic of India on a short-term visit (C-3) on February 2, 2016 with the second citizen of the Republic of India’s nationality, and applied for refugee status on May 27, 2016, which was an illegal stay in the Republic of Korea after the lapse of May 2, 2016, on which the period of stay expires, on May 27, 2016, the Defendant applied for refugee status on the ground that “a threat received after a fighting with the C Party (C and C), the economic condition that the mother should raise the hospital expenses, and the border problem of India and Pakistan.”

② On March 27, 2018, the Defendant rendered a decision of non-recognition of refugee status (hereinafter “instant disposition”) against the Plaintiff on the ground that “The economic reason and border issue with other countries are not the grounds for recognition of refugee status under the Refugee Convention. The Plaintiff appears to have low probability of leading the other party’s attention for political purposes as a simple support of D party parties. After applying for recognition of refugee status, the Plaintiff: (a) deemed that he returned to the Republic of Korea after the application for recognition of refugee status and resolved a compromise with C Party members individually; and (b) the threat the Plaintiff received is deemed to be a threat to individual party members, not to be a compromise with C Party. In addition, the Plaintiff stated that he/she returned to the Republic of Korea to the Republic of Korea, was unlikely to have a problem when he/she returned to the Republic of Korea, was willing to extend the period of stay in Korea

③ Although the Plaintiff filed an objection with the Minister of Justice, the Minister of Justice dismissed the Plaintiff’s objection on July 30, 2019.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence Nos. 1, 2 and 4, the purport of the whole pleadings

2. We examine the defendant's main defense as to the defendant's main defense of safety.

1. According to Article 20(1) of the Administrative Litigation Act, a revocation lawsuit shall be instituted within 90 days from the date on which the existence of the disposition, etc. is known, but in case where a request for administrative appeal is possible, the period at the time when the request for administrative appeal is filed

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