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(영문) 서울행정법원 2019.07.24 2018구단69274
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 June 25, 2014, the Plaintiff entered the Republic of Korea with the status of stay C-3 (short-term visit) on June 25, 2014, and filed an application for refugee status with the Defendant on July 18, 2014.

B. On March 23, 2016, the Defendant rendered a decision on the refusal of refugee status on the ground that the “ sufficiently based fears that the Plaintiff would be subject to persecution” stipulated in Article 1 of the Convention on the Status of Refugees and Article 1 of the Protocol Relating to the Status of Refugees cannot be recognized.

(hereinafter “instant disposition”). C.

The Plaintiff filed an objection with the Minister of Justice on March 28, 2016, but the Minister of Justice dismissed the objection on October 11, 2017.

【Fact-finding without a dispute over the basis of recognition】 Facts, Gap evidence 1 through 4, and Eul evidence 1 through 3, the purport of the whole pleadings and arguments

2. Whether the instant disposition is lawful

A. Plaintiff’s assertion 1) The Plaintiff joined the B Political Party, a camping party of his father-gudidi, and worked as a party member. The Plaintiff participated in the demonstration organized by B on March 8, 2014. Accordingly, if the Plaintiff returned to his/her father-gudididididi, it would be likely to threaten the safety or physical freedom of life by the police or house office C. The Minister of Justice decided the Plaintiff as a humanitarian sojourn. The Minister of Justice determined the Plaintiff as a humanitarian sojourn, and it can be deemed that the Plaintiff recognized that there was “a sufficient well-founded fear of persecution.”

Nevertheless, it is contradictory that the defendant's assertion that the plaintiff has no possibility of persecution.

Therefore, the disposition of this case, which rejected the Plaintiff’s application for refugee status, should be revoked as it is unlawful.

B. Determination 1 There is a “comfortable fear” that an applicant for refugee status is subject to persecution on the grounds of “a person’s race, religion, nationality, status as a member of a specific social group, or political opinion.”

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