(영문) 서울행정법원 2019.08.28 2019구단11227

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(영문) 서울행정법원 2019.08.28 2019구단11227

난민불인정처분취소

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 May 27, 2017, the Plaintiff entered the Republic of Korea with a short-term visit (C-3) sojourn status on May 27, 2017, and applied for refugee recognition to the Defendant on August 2, 2017.

B. On November 28, 2018, the Defendant rendered a decision on the recognition of refugee status (hereinafter “instant disposition”) to the Plaintiff on the ground that the Plaintiff does not constitute a case where there is a well-founded fear that the Plaintiff would be subject to persecution” as a requirement of refugee under Article 1 of the Convention on the Status of Refugees and Article 1 of the Protocol Relating to the Status of Refugees.

C. On January 14, 2019, the Plaintiff filed an objection with the Minister of Justice, but was dismissed on May 27, 2019.

[Reasons for Recognition] Unsatisfy, Gap evidence 1 to 3, Eul evidence 1 and 2, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The gist of the Plaintiff’s assertion was that the Plaintiff was a sleep, but the Plaintiff was a sleep. Since the opening of the opening of the opening of the opening of the opening of the opening of the opening of the Plaintiff, the Plaintiff’s parent was driving away from the Plaintiff’s house, and the Plaintiff’s relative also called the Plaintiff’s body fighting or the Plaintiff’s wife’s wife.

Therefore, the instant disposition that did not recognize the Plaintiff as a refugee on a different premise is unlawful, inasmuch as there exists a well-founded fear that the Plaintiff would be subject to gambling in the event that the Plaintiff returned to the Republic of Korea due to the Senegal.

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 a foreigner who is unable or does not want to be protected, or a country in which he/she resided before entering the Republic of Korea due to such fear.

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