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(영문) 서울행정법원 2019.08.23 2019구단62621
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 May 24, 2017, the Plaintiff entered the Republic of Korea with the nationality of the Republic of Ruine (hereinafter “Ran”), and applied for refugee status to the Defendant on June 21, 2017, with the short-term visit (C-3) sojourn status.

B. On November 6, 2018, the Defendant rendered a decision to deny refugee status on the ground that the grounds for applying for recognition of refugee status as alleged by the Plaintiff against the Plaintiff does not constitute “a well-founded fear of persecution” as a requirement for refugee status under Article 1 of the Convention on the Status of Refugees (hereinafter “Refugee Convention”) and Article 1 of the Protocol Relating to the Status of Refugees (hereinafter “Refugee Protocol”).

(hereinafter “instant disposition”). C.

The Plaintiff filed an objection with the Minister of Justice on November 16, 2018, but the Minister of Justice dismissed the objection on April 10, 2019.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 2, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The plaintiff's assertion was married in 2000, but was divorced from his spouse in the same year.

The parents of the spouse who had opposed to the marriage of the Plaintiff initially killed the spouse, thereby threatening the Plaintiff and making an attack using the alcohol.

In the event that the plaintiff continues to stay in the workplace, it is judged that it is difficult to protect his/her personal safety from his/her parents, and applied for refugee status by entering the Republic of Korea.

The Plaintiff’s aforementioned situation constitutes a well-founded fear that there is sufficient ground to recognize that the Plaintiff may be harmed on the ground that he/she is a member of a specific social group, and the Plaintiff does not want to be protected from the country of nationality.

Nevertheless, the defendant's disposition of this case which did not recognize the plaintiff as a refugee should be revoked in an unlawful manner.

B. Determination 1 of the Refugee Act refers to the Refugee Convention and the Refugee Protocol.

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