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(영문) 서울행정법원 2019.06.18 2018구단78124
난민불인정결정취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. In the course of the disposition, on November 1, 2016, the date of entry into the Republic of Korea of the Republic of Korea of the Plaintiff, the short-term sojourn status (C-3) refugee status application (hereinafter “instant disposition”) of the date of application for refugee status recognition (hereinafter “instant disposition”) on November 24, 2015: The fact that there is no dispute over the grounds for recognition of the decision of rejection as of January 15, 2018 as of the date of application for objection that there is no sufficient ground for recognition of refugee status refusal: the fact that there is no ground for recognition of the decision of rejection as of September 3, 2018 of the date of application for objection, Gap’s evidence 1 through 4, Eul’s evidence 1, and 2, and the purport of the entire pleadings, as of the whole.

2. Whether the instant disposition is lawful

A. The Plaintiff asserted that he was imprisoned by engaging in activities, such as arrest and detention, as an organization pursuing the independence of separation in the area B as an organization pursuing the separation of Agen B’s Republic of Korea, and the Plaintiff’s death after having participated in the demonstration.

In order to avoid such persecution, the disposition of this case which did not recognize the Plaintiff as a refugee even though the Plaintiff filed an application for recognition of refugee status was 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.

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

Shebrushes, and described in subparagraphs 3 through 7 (including paper numbers).

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