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(영문) 서울행정법원 2019.04.25 2019구단1503
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 September 28, 2016 on a short-term visit (C-3) status as a foreigner of Algeria nationality.

B. On October 10, 2016, the Plaintiff applied for recognition of refugee status to the Defendant. However, on December 7, 2017, the Defendant rendered a decision to recognize 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 29, 2017, but the Minister of Justice dismissed the Plaintiff’s objection on the same ground as November 29, 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's assertion was made by assault and intimidation against his family members, especially from his second punishment B on the ground that he is a same-sex child.

In the event that the plaintiff returned to his home country, the disposition of this case, which did not recognize the plaintiff as a refugee, is unlawful.

B. Determination 1) The term “refugee” means a foreigner who is unable or does not want to be protected due to well-founded fear that he/she is likely to be detrimental to the dignity of a State of his/her nationality on the grounds of race, religion, nationality, status as a member of a specific social group, or political opinion, or a stateless foreigner who, due to such fear, is unable or does not want to return to the State in which he/she had resided before entering the Republic of Korea (Article 2 Subparag. 1 of the Refugee Act, which provides the requirements for recognition of refugee status refers to “any act causing serious infringement or discrimination against the essential human dignity, including threats to life, body, or freedom.”

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