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(영문) 서울행정법원 2019.06.13 2019구단2728
난민불인정결정취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Details of the disposition;

A. On April 7, 2016, the Plaintiff entered the Republic of Korea with the status of stay for short-term visits (C-3) as a foreigner of the Republic of Korea’s nationality.

B. On April 22, 2016, the Plaintiff applied for recognition of refugee status to the Defendant. However, on November 29, 2017, the Defendant rendered a decision to deny refugee status (hereinafter “instant disposition”) on the ground that the Plaintiff’s assertion would be subject to persecution as stipulated in Article 1 of the Convention on the Status of Refugees and Article 1 of the Protocol on the Status of Refugees.

C. The Plaintiff filed an objection with the Minister of Justice on December 12, 2017, but the Minister of Justice dismissed the Plaintiff’s objection on September 3, 2018.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1 to 3, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff asserted that the Plaintiff’s family members, a defective slicker, opposed to marriage for religious reasons and threatened the Plaintiff with assaulting that they will die.

In the event that the plaintiff returns to his home country, the disposition of this case which did not recognize the plaintiff as a refugee even though it is likely to be detrimental to gambling due to such circumstances is unlawful.

B. 1) The term “refugee” means a foreigner who is unable or does not want to be protected due to well-founded fear to recognize that he/she is likely to be injured on the grounds of race, religion, nationality, status as a member of a particular social group, or political opinion, or a stateless foreigner who is unable or does not want to return to the country in which he/she resided before entering the Republic of Korea due to such fear (Article 2 Subparag. 1 of the Refugee Act, which provides the requirements for recognition of refugee status, is a threat to life, body, or freedom, or a serious violation of the essential human dignity.

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