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(영문) 서울행정법원 2019.07.26 2019구단6317
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 is a foreigner of the four arms nationality.

On June 18, 2013, the Plaintiff entered the Republic of Korea as a non-professional employment (E-9) sojourn status and stayed, and applied for refugee recognition to the Defendant on January 11, 2018.

B. On January 12, 2018, the Defendant rendered a decision to deny refugee status (hereinafter “instant disposition”) against the Plaintiff on the ground that there is a well-founded fear that the Plaintiff’s assertion would be subject to persecution as a requirement for refugee status under Article 1 of the Convention on the Status of Refugees (hereinafter “Refugee”) and Article 1 of the Protocol Relating to the Status of Refugees (hereinafter “Refugee Protocol”).

C. The Plaintiff dissatisfied with the instant disposition and filed an objection with the Minister of Justice on February 22, 2018, but the Minister of Justice dismissed the Plaintiff’s objection on April 10, 2019.

[Reasons for Recognition] Unsatisfy, Gap evidence 1 to 3, Eul evidence 1 and 2, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The gist of the Plaintiff’s assertion was since 2010, the Plaintiff, who was engaged in the land trade intermediary service in the four arms, and the Madia, donated its interest to Madia, and continuously threatened its interest.

Accordingly, the Plaintiff entered the affected Republic of Korea and applied for refugee recognition.

Therefore, even though there is a well-founded fear that the Plaintiff would suffer from gambling in the event of return to the four arms, the Defendant’s disposition that did not recognize the Plaintiff as a refugee should be revoked as it is unlawful.

B. In full view of the provisions of Article 1 and Article 2 subparag. 1 of the Refugee Act, Article 1 of the Refugee Convention, and Article 1 of the Refugee Protocol, the Minister of Justice does not want the protection of the country of nationality or the protection of the country of nationality due to well-founded fear of persecution for reasons of race, religion, nationality, membership of a particular social group, or political opinion.

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