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(영문) 서울행정법원 2019.09.19 2019구단6881
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. The Plaintiff entered the Republic of Korea on August 4, 2016, with the status of stay for short-term visits (C-3) from August 4, 2016.

B. On August 19, 2016, the Plaintiff applied for refugee status to the Defendant. However, on July 27, 2017, the Defendant rendered a decision to recognize 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 August 9, 2017, but the Minister of Justice dismissed the Plaintiff’s objection on November 29, 2018.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1 to 3, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion is the Plaintiff’s origin from the Republic of Korea of the Republic of Korea in 2010, and after the war between the Republic of Korea of the Republic of Korea and the Republic of Uzbekistan in 2010, the Republic of Korea of the Republic of Korea discriminates with the Republic of Korea of the Republic of Korea.

In April 2016, the Korean people of the KIKOistististististist People interfered with the plaintiff's refusal of funeral in the market, and around April 2016, B, the Korean people of the KIKOististististististististististist Party B, thereby interfering with the plaintiff's funeral and threatening B, the plaintiff's death.

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” means 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 who has resided before entering the Republic of Korea due to such fear.

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