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(영문) 서울행정법원 2019.02.13 2018구단21937
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 with a short-term visit (C-3) on April 22, 2017, and applied for refugee status to the Defendant on April 26, 2017.

B. On February 20, 2018, the Defendant rendered a decision on the refusal of refugee status (hereinafter “instant disposition”) on the ground that the Plaintiff cannot be deemed as having “a well-founded fear of 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. On March 23, 2018, the Plaintiff filed an objection with the Minister of Justice, but was dismissed on September 14, 2018.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3, Eul evidence Nos. 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 the president of the traditional religion in the native village. After the Plaintiff’s death, members of the Young Village’s youth association forced the Plaintiff to succeed to the Plaintiff’s president position. However, the Plaintiff rejected this.

After that, the members of the young village association of the young village have threatened the plaintiff by forcing the plaintiff to continue to succeed to the president's position, assaulting the plaintiff, and preventing the fire to the commercial ground operated by the plaintiff.

Therefore, the instant disposition that the Plaintiff did not recognize the Plaintiff as a refugee on a different premise is unlawful, even though it is likely that the Plaintiff might be stuffed due to the foregoing circumstances if it returned to Austria.

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 country in which he/she resided before entering the Republic of Korea due to such fear.

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