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(영문) 서울행정법원 2018.10.25 2018구단70038
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. The Plaintiff entered the Republic of Korea on a short-term visit (C-3) on December 1, 2016, and stayed in the Republic of Korea, and applied for refugee status to the Defendant on December 6, 2016.

B. On August 30, 2017, the Defendant rendered a decision on the recognition of refugee status (hereinafter “instant disposition”) to the Plaintiff on the ground that the Plaintiff’s assertion does not constitute a case of “a well-founded fear that would be subject to persecution” as a requirement of refugee under Article 1 of the Convention on the Status of Refugees and Article 1 of the Protocol on the Status of Refugees.

C. The Plaintiff dissatisfied with the instant disposition and filed an objection with the Minister of Justice on September 7, 2017, but the objection was dismissed on June 12, 2018, and the Plaintiff received a notice of dismissal decision on July 4, 2018.

[Reasons for Recognition] Gap evidence Nos. 1, 2, Eul evidence Nos. 1 and 2, and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion was admitted to the organization of B B, composed of English proficiencys, and the Plaintiff participated in a demonstration indicating the poor situation in the Northwest region around August 2016, while acting as an executive officer from 2015, and thereafter, the president and executive officers of the organization were arrested and sentenced to life imprisonment, and the Plaintiff was born.

Therefore, even though the Plaintiff’s status as a member of a specific social group or as a refugee suffering from persecution on the grounds of political opinion, the Defendant’s disposition taken on a different premise is unlawful.

(b) Determination 1: Article 2 Subparag. 1 of the Refugee Act; refugee status refers to a foreigner who is unable or does not want to be protected by the country of nationality due to well-founded fear to recognize that he/she may be injured on the grounds of race, religion, nationality, status as a member of a particular social group or political opinion, or a country in which he/she resided before entering Korea due to such fear.

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