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(영문) 서울행정법원 2019.09.26 2019구단11944
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 August 27, 2017, the Plaintiff entered the Republic of Korea with the status of stay for short-term visits (C-3) from August 27, 2017.

B. On November 29, 2017, the Plaintiff applied for recognition of refugee status to the Defendant. However, on January 30, 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 February 27, 2018, but the Minister of Justice dismissed the Plaintiff’s objection on April 10, 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 that he/she had an automobile sales business, along with the punishment of Daztan, was engaged in the automobile goods sales business, and in around 2009, the plaintiff sold the automobile goods to B and was not paid the price.

The plaintiff B assaulted and threatened the plaintiff and his punishment in order to not pay the price of the goods.

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, “persecution” which serves as the requirement for recognition of refugee status is against life, body, or freedom.

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