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(영문) 서울행정법원 2020.07.02 2020구단6306
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 November 25, 2017, as a foreigner of the nationality of the Republic of Kazakhs (hereinafter referred to as “Kazakhstan”) of the Republic of Kazaststan (hereinafter referred to as “Kazakhstan”), with the status of stay for visa exemption (B-1).

B. On December 20, 2017, the Plaintiff filed an application with the Defendant for recognition of refugee status. On June 25, 2019, the Defendant rendered a decision not to recognize refugee status (hereinafter “instant disposition”) against the Plaintiff on the ground that the Plaintiff’s assertion does not constitute “the well-founded fear that would be detrimental to persecution” as stipulated in Article 1 of the Convention on the Status of Refugees (hereinafter “Refugee Convention”) and Article 1 of the Protocol on the Status of Refugees (hereinafter “Refugee Protocol”).

C. On July 19, 2019, the Plaintiff filed an objection with the Minister of Justice against the instant disposition. However, the Minister of Justice dismissed the Plaintiff’s objection on the same ground as the instant disposition on December 23, 2019.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 4, Eul evidence 1 to 3, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. On 2014, the key point of the Plaintiff’s assertion, the Plaintiff, a slish slish slish slish slish slish slish slish slish slish slish slish slish sl

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 is due to a well-founded fear of persecution for reasons of race, religion, nationality, membership of a particular social group or political opinion.

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