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(영문) 서울행정법원 2019.08.22 2019구단60779
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. On April 22, 2017, the Plaintiff entered the Republic of Korea as a short-term visit (C-3) status on April 22, 2017, and applied for refugee status to the Defendant on May 16, 2017.

B. On October 29, 2018, the Defendant rendered a decision on the recognition of refugee status on the ground that, as regards the Plaintiff, it cannot be recognized that the “ sufficiently based fears that he would suffer from persecution” stipulated in Article 1 of the Convention on the Status of Refugees and Article 1 of the Protocol Relating to the Status of Refugees cannot be recognized.

(hereinafter “instant disposition”). C.

The Plaintiff filed an objection with the Minister of Justice on November 9, 2018, but the Minister of Justice dismissed the objection on April 10, 2019.

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

2. Whether the instant disposition is lawful

가. 원고의 주장 원고의 삼촌이 2017. 2.경 원고가 아버지로부터 상속받은 토지를 임의로 처분한 뒤 그 대금을 가로챘는데, 원고가 이를 경찰에 신고하자 삼촌이 주술을 이용해 원고를 살해하려 하였고 사람을 보내 원고를 폭행하였다.

Therefore, the disposition of this case on a different premise is unlawful, even though the Plaintiff constitutes a foreigner who is unable to be protected or does not want to be protected by the country of nationality due to well-founded fear that he/she is able to be injured on the ground of being a member of a specific social group.

B. Article 2 subparag. 1 of the Refugee Act does not want to return to, or return from, a foreigner who, owing to well-founded fear of being recognized as being imprisonable on the ground of race, religion, nationality, membership of a particular social group, or political opinion, is unable or does not want to receive protection of the country of nationality, or a foreigner who, due to such fear, does not want to return to, the country in which he had resided before entering the Republic of Korea.

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