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(영문) 서울행정법원 2019.06.11 2019구단2193
난민불인정처분취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. During the process of the disposition, the Plaintiff’s short-term visit for refugee status (C-3,90 days) on May 17, 2017 (hereinafter “instant disposition”) on the date of entry into the Republic of Korea of the Republic of Korea (C-3,90 days) and the date of the application for refugee status recognition (hereinafter “instant disposition”) on May 26, 2017: The fact that there is no dispute as to the grounds for recognition of refugee status under the decision of the decision of the Supreme Court on March 7, 2018: the date of the application for objection that the notification of the decision of the decision of the decision of the decision of the decision of the decision of the Supreme Court on April 29, 2018; the fact that there is no ground for recognition of the decision of the decision of the decision of the decision of the decision of the decision of the Supreme Court

2. Whether the instant disposition is lawful

A. The Plaintiff asserted that he worked as a regional coditer in B, an organization pursuing the independence of the separation of the Austria region. The Plaintiff declared a judgment against the death penalty with a cover of a weapon, etc. by the Narian Government.

The plaintiff applied for refugee status of this case in order to escape from the above gambling by escape from Narianian government through the help of members B. The disposition of this case which did not recognize the plaintiff as a refugee is unlawful.

B. (1) In full view of the provisions of Article 2 subparag. 1 and Article 18 of the Refugee Act, Article 1 of the Convention on the Status of Refugees, and Article 1 of the Protocol on the Status of Refugees, the Minister of Justice must recognize a foreigner in the Republic of Korea who is unable or does not want the protection of the country of his nationality due to well-founded fear of persecution for reasons of race, religion, nationality, membership of a particular social group, or political opinion, as a refugee.

The term “persecution” which is a requirement for recognition of refugee status refers to “any act causing serious infringement of, or discrimination against, essential human dignity, including threats to life, body, or freedom,” and a foreigner who files an application for recognition of refugee status must prove that there is a “comfortable-founded fear.”

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