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(영문) 서울행정법원 2020.02.20 2019구단19429
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 February 7, 2017, the Plaintiff entered the Republic of Korea with the status of stay for short-term visits (C-3) as a foreigner of Uzbekistan nationality.

B. On April 6, 2017, the Plaintiff applied for refugee status to the Defendant. However, on March 9, 2018, the Defendant rendered a decision to deny 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 April 11, 2018, but the Minister of Justice dismissed the Plaintiff’s objection on July 30, 2019.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 3, Eul evidence 1 to 3, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion became aware of the religion of “B religious organization” through the only female in the market around February 2016 in its home country.

The Plaintiff’s father, who found the Plaintiff’s father to “B religious organization”, was contracted with a mental illness, and did not see the Plaintiff’s father’s father who was confined the Plaintiff to his house.

In the event that the plaintiff returned to his own country, the disposition of this case which did not recognize the plaintiff as a refugee despite the possibility of persecution in the above circumstances is unlawful.

B. 1) The term “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 to recognize that he/she may be injured on the grounds of race, religion, nationality, status as a member of a particular social group, or political opinion, or a stateless foreigner who, due to such fear, is unable 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).

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