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(영문) 서울행정법원 2020.09.28 2020구단12196
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 September 12, 2018, as a foreigner of the nationality of the Republic of Kazakhs (hereinafter referred to as “Kazakhstan”) of the Republic of Kazkhstan (hereinafter referred to as “Kazakhstan”), with the status of stay for visa exemption (B-1).

B. On October 2, 2018, the Plaintiff filed an application with the Defendant for recognition of refugee status. On July 9, 2020, the Defendant rendered a decision on the recognition of refugee status (hereinafter “disposition of this case”) against the Plaintiff on the ground that the Plaintiff’s assertion does not constitute “a well-founded fear that would be detrimental to persecution” as stipulated in Article 1 of the 1951 Convention relating to the Status of Refugees (hereinafter “Refugee Convention”) and Article 1 of the 1967 Protocol Relating to the Status of Refugees (hereinafter “Refugee Protocol”).

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1 to 4, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. On July 13, 2018, the gist of the Plaintiff’s assertion: (a) the Plaintiff and his body fightinged with the workplace company in conflict with the ordinary social conflicts; and (b) the Plaintiff was stolen with the bail kept in the office of the workplace company after a week thereafter; (c) designated the Plaintiff as an offender; and (d) demanded the Plaintiff to reimburse and threaten the Plaintiff; and (e) entered the Republic of Korea to threaten the workplace company.

Therefore, the instant disposition that did not recognize the Plaintiff as a refugee was unlawful even though there was a well-founded fear that the Plaintiff would be subject to persecution when she returned to her home country.

B. In full view of the provisions of Article 1 and Article 2 subparag. 1 of the Refugee Act, Article 1 of the Refugee Convention, Article 1 of the Refugee Protocol, and Article 1 of the Refugee Protocol, the Minister of Justice does not have the right to protection of the country of nationality or want the protection of the country of nationality due to well-founded fear of persecution for reasons of race, religion, nationality, membership of a particular social group or political opinion.

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