(영문) 서울행정법원 2019.01.31 2018구단24028

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(영문) 서울행정법원 2019.01.31 2018구단24028

난민불인정결정취소

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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 24, 2016, the Plaintiff, a foreigner of the Republic of Korea, entered the Republic of Korea as a foreigner eligible for visa exemption (B-1) from May 24, 2016, and applied for refugee status to the Defendant on September 21, 2016.

B. On September 27, 2017, the Defendant rendered a decision on the recognition of refugee status (hereinafter “instant disposition”) on the ground that the Plaintiff’s assertion does not constitute a case of “a well-founded fear that 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 on the Status of Refugees.

C. The Plaintiff dissatisfied with the instant disposition and filed an objection with the Minister of Justice on October 16, 2017, but was dismissed on September 3, 2018, and the Plaintiff received a notice of dismissal decision on December 14, 2018.

[Reasons for Recognition] Gap evidence Nos. 1, 2, Eul evidence Nos. 1 and 2, and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff, as the Plaintiff’s assertion, was asked from the Simstan to open species in the Simstan, and refused to do so, and was threatened with the Plaintiff’s murder.

Therefore, the defendant's disposition of this case made on a different premise is unlawful even though the plaintiff was a refugee suffering from persecution.

B. Article 2 Subparag. 1 of the Refugee Act provides that: (a) a refugee refers to a foreigner who is unable or does not want to be protected by the country of nationality due to a well-founded fear to recognize that he/she may be injured on the grounds of race, religion, nationality, membership of a particular social group, or political opinion; or a nationalless foreigner who, due to such fear, is unable or does not want to return to the country in which he/she had resided before entering the Republic of Korea.

At this time, the term "persecution" to be received by the foreigner, including threats to life, body or freedom, is essential.

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-난민법 제2조 제1호

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