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(영문) 서울행정법원 2019.01.31 2018구단23612
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 November 29, 2016, the Plaintiff entered the Republic of Korea as a foreigner of the Republic of Korea’s nationality with a short-term visit (C-3) sojourn status on a short-term visit (C-3) and stayed, and applied for refugee status to the Defendant on December 9, 2016.

B. On December 20, 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 January 24, 2018, but was dismissed on September 3, 2018, and the Plaintiff received a notice of dismissal decision on September 20, 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 turned into the Islamic Republic of Islamic Republic in Kamera, and the plaintiff was threatened with Muslim including his family members.

Therefore, the defendant's disposition of this case made on a different premise is unlawful even though the plaintiff was a refugee suffering from persecution.

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

At this time, the term "persecution" to be received by the foreigner is a serious violation of the essential human dignity, including threats to life, body or freedom.

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