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(영문) 서울행정법원 2019.08.22 2019구단6942
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 Turkey with the status of stay B-1 (Visa exemption) on July 22, 2017, as a foreigner of the Republic of Turkey (hereinafter “Turkey”).

B. On June 14, 2018, the Plaintiff filed an application for recognition of refugee status with the Defendant, but on March 15, 2019, the Defendant rendered a disposition for recognition of refugee status (hereinafter “instant disposition”) to the Plaintiff on the ground that it is difficult to recognize “the well-founded fear of persecution” as prescribed by 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”) and Article 1 of the Protocol on the Status of Refugees (hereinafter “Refugee Protocol”).

C. On May 3, 2019, the Plaintiff appealed to the instant disposition and filed the instant lawsuit.

(A) The plaintiff did not raise an objection to the Minister of Justice). 3. [Grounds for recognition] The plaintiff did not dispute, Gap evidence Nos. 1, 2, Eul evidence Nos. 1 and 3, and the purport of the whole pleadings.

2. The assertion and judgment

A. The Plaintiff’s assertion was an employee of the household wholesaler in Turkey. However, around March 4, 2017, the Plaintiff became aware of the fact that the Plaintiff entered the import statement in the Plaintiff’s name to evade tax.

Although the plaintiff raised a problem to the company, the company should silent it and be responsible for the occurrence of the problem.

After that, since June 2017, the police became aware of the company's tax evasion and began to find the plaintiff from June 2017, and all of the company related to the current tax evasion are dismissed.

In the event that the plaintiff returns to Turkey as its home country, it is likely to be arrested and subject to criminal punishment.

Nevertheless, the defendant's disposition that did not accept the plaintiff's application for refugee status should be revoked as it is illegal.

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