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(영문) 서울행정법원 2020.07.15 2020구단5815
난민불인정결정취소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Details of a decision not to recognize refugee status;

A. The Plaintiff’s personal information is a child of Firri nationality B (B, D, hereinafter “B”) and Mari’s nationality C (C, E, hereinafter “C”) and is a foreigner of the Republic of Mari’s nationality born in the Republic of Korea.

B. The Plaintiff’s father, the Plaintiff’s father, entered the Republic of Korea on a short-term visit (C-3) on February 19, 2013, and applied for refugee status to the Defendant on March 20, 2013, but was decided on June 12, 2014.

B brought a lawsuit seeking the cancellation of the above refugee non-recognition decision on January 10, 2016, asserting that “Around the end of January 2013, G, an armed terrorist organization, franchise the house of his family, forced franchise his family, franchise his family, murdered his third village, and kidnapped his siblings in accordance with Sharian Law, and led franchise of the Republic of Korea.” However, the aforementioned refugee non-recognition decision was rendered on the ground that “B cannot be deemed as having a well-founded fear of being injured on the grounds of race, religion, nationality, membership of a specific social group, or political opinion, and there is no other evidence to acknowledge it.”

(Seoul Administrative Court 2015Gudan14693). After that, both appeals (Seoul High Court 2016Nu54796) and appeals (Supreme Court 2017Du32517) were dismissed, and the judgment was finalized on April 7, 2017.

② On September 22, 2015, C, the Plaintiff’s mother, entered the Republic of Korea with the status of general training (D-4) sojourn on September 22, 2015, and filed an application for refugee status with the Defendant on December 7, 2015, but was decided to recognize refugee status on April 14, 2017.

C In January 2013, from Mari to Mari, the mother and Mari were killed in Islamic Mari, and his father was missing after departure.

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