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(영문) 서울행정법원 2020.10.20 2020구단13151
난민불인정결정취소
Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Details of the disposition;

A. On February 16, 2018, the Plaintiff entered the Republic of Korea as a foreigner of the Republic of Korea’s nationality, as a short-term visit (C-3) sojourn.

B. On March 20, 2018, the Plaintiff filed an application with the Defendant for recognition of refugee status (hereinafter “instant application”).

On May 16, 2019, the Defendant rendered a decision to deny refugee status (hereinafter “instant disposition”) on the ground that the Plaintiff’s assertion does not constitute a case of “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 on the Status of Refugees.

C. The Plaintiff dissatisfied with the instant disposition and filed an objection with the Minister of Justice on June 5, 2019, but the Minister of Justice dismissed the Plaintiff’s objection on December 23, 2019.

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

2. Whether the instant disposition is lawful

A. The plaintiff's assertion was made by notifying a male-child group who has taught in the Philippines of his different category, and the plaintiff was subject to violence and salking from that point.

In this situation, the disposition of this case that the plaintiff did not recognize the plaintiff as a refugee even though it is likely that the plaintiff would be threatened again by the former male-child group when he returns to his home country is illegal.

(b) “Refugee” refers to a foreigner who is unable or does not want to be protected by the country of nationality due to well-founded fear that he/she may be harmed on the grounds of race, religion, nationality, status as a member of a particular social group, or political opinion, or a stateless foreigner who, owing to such fear, cannot return to or does not want to return to the country in which he/she resided before entering the Republic of Korea.

(Article 2 Subparag. 1 of the Refugee Act). Here, “persecution”, which is a requirement for recognition of refugee status, includes threats to life, body or freedom.

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