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(영문) 서울행정법원 2019.07.09 2019구단7075
난민불인정결정취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The details of the disposition are as follows: (a) the applicant for refugee status exemption (B-1, 30 days) from the date of entry into the Republic of Korea of the Republic of Korea on January 9, 2016 (B-1, 30 days); (b) the date of application for refugee status exemption (hereinafter “instant disposition”) on December 16, 2016; and (c) August 31, 2017 of the date of application for refugee status exemption; (d) there is no dispute over the grounds for recognition of the rejection of the decision made on September 15, 2017; (b) there is no ground for recognition of the rejection of the decision made on November 29, 2018 of the date of application for objection; (c) the statements in subparagraphs 1 through 3, 2, and 2; and (d) the purport of the entire pleadings,

2. Whether the instant disposition is lawful

A. The plaintiff's assertion that the plaintiff's assertion was made to murdered by two males on the identity of the plaintiff for this reason.

If the plaintiff return to the country of nationality as the Dogdogdo as the Dogdogdog, it is likely to be killed for this reason.

In order to avoid such a threat, the instant disposition that did not recognize the Plaintiff as a refugee despite the 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.”

Dolls, each of the statements and the entire arguments of Eul 3 through 6 (including paper numbers) will be known in consideration of the Dolls and the whole purport of the pleadings.

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