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(영문) 서울행정법원 2021.02.05 2020구단18392
난민불인정결정취소
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Details of the disposition;

A. The Plaintiffs entered the Republic of Korea on September 29, 2012, and Plaintiff A (hereinafter “Plaintiff A”) on a short-term visit (C-3) on December 22, 2012, respectively.

B. On April 22, 2019, the Plaintiffs filed an application for recognition of refugee status with the Defendant, and on July 10, 2019, the Defendant rendered a decision to deny refugee status (hereinafter “each of the instant dispositions”) on the ground that the Plaintiffs’ assertion against the Plaintiffs does not constitute “a well-founded fear of persecution” as stipulated in Article 1 of the Convention on the Status of Refugees and Article 1 of the Protocol Relating to the Status of Refugees.

(c)

The Plaintiffs were dissatisfied with each of the instant dispositions and filed an objection with the Minister of Justice on July 16, 2019, but the Minister of Justice dismissed all of the Plaintiffs’ objections on August 20, 2020.

[Ground for recognition] Unsatisfy, Gap evidence Nos. 2 and 3, Gap evidence Nos. 1, 2, Eul evidence Nos. 1 and 2, and the purport of the whole pleadings

2. Whether each of the dispositions of this case is legitimate

A. Plaintiff 1’s assertion was killed at the C Embassy in 2002 of the Republic of Korea’s Republic of Korea’s Republic of Korea’s Republic of Korea’s Republic of Korea’s Republic of Korea’s Republic of Korea’s Republic of Korea’s Republic of Korea’s Republic of Korea’s Republic of Korea’s Republic of Korea’s Republic of Korea’s Republic of Korea’s Republic of Korea.

This is the fact that both the plaintiffs and their families are the believers of the state of nationality, and the plaintiffs should be recognized as refugee because they could be stuffed on the grounds of religion if they return to the state of nationality.

Each of the dispositions of this case taken on the premise different from this case is unlawful.

B. (1) Determination 1) The term “victims” is likely to be detrimental on grounds of race, religion, nationality, status as a member of a particular social group or political opinion.

A foreigner who, owing to well-founded fear of being determined, is unable to be protected or does not want to be protected from the country of nationality; or

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