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(영문) 서울행정법원 2019.11.12 2019구단12923
난민불인정결정취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. During the disposition, the following facts are: (a) on February 21, 2017, the date of entry into the Republic of Korea of the Republic of Korea of the Republic of Korea; (b) visa exemption (B-1) the date of application for refugee status exemption (hereinafter “instant disposition”); (b) on March 3, 2017, the date of application for refugee status exemption (hereinafter “instant disposition”); (c) on January 25, 2018, the date of application for objection, for which a sufficient ground for recognition of refugee status non-recognition could not be recognized: (d) the fact that there is no ground for recognition of the decision to dismiss the decision as of April 10, 2018 of the date of application for objection; (b) the entries in subparagraphs 1 and 2; and (b)

2. Whether the instant disposition is lawful

A. The Plaintiff asserted that the Plaintiff borrowed money to repair a restaurant operated by the Plaintiff’s wife from the Kazakhtan, which could not be repaid, and thus, the Plaintiff was threatened with murder by the obligees.

In order to avoid such a threat, the instant disposition that did not recognize the Plaintiff as a refugee even though the application for recognition of refugee was filed is 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.”

The ground alleged by the Plaintiff is merely a private threat due to a claim and obligation between individuals, and thus does not constitute stuffing as a refugee requirement.

This is through the protection of the national judicial system.

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