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(영문) 서울행정법원 2019.05.23 2019구단53146
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 October 22, 2017, the Plaintiff entered the Republic of Korea as a short-term visit (C-3) sojourn status on October 22, 2017, and applied for refugee status to the Defendant on November 7, 2017.

B. On December 6, 2017, the Defendant rendered a decision on the recognition of refugee status on the ground that the Defendant cannot recognize “a sufficiently-founded fear that is likely to be injured” as a requirement of refugee under Article 1 of the Convention on the Status of Refugees and Article 1 of the Protocol Relating to the Status of Refugees.

(hereinafter “instant disposition”). C.

The Plaintiff filed an objection with the Minister of Justice on January 15, 2018, but the Minister of Justice dismissed the objection on September 3, 2018.

On November 21, 2018, the Plaintiff received the notice of dismissal of the said objection, and filed the instant lawsuit on February 15, 2019.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 4, Eul evidence 1 to 3, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. On January 2017, the Plaintiff asserted that the Plaintiff shocked a person who was driving a motor vehicle without permission during his/her driving in Algeria, and the Plaintiff threatened the Plaintiff with multiple types of accidents by the victim of the said traffic accident.

Therefore, the disposition of this case on a different premise is unlawful, even though the Plaintiff is a foreigner who is unable to be protected or does not want to be protected by the country of nationality due to well-founded fear to recognize that the Plaintiff is a member of a specific social group, who is a member of the society.

B. Article 2 Subparag. 1 of the Refugee Act provides that a foreigner who is unable or does not want to be protected from a country of nationality due to well-founded fear of being recognized as being imprisonable on the grounds of race, religion, nationality, membership of a particular social group, or political opinion, or who has resided before entering the Republic of Korea due to such fear.

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