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(영문) 서울행정법원 2020.10.15 2020구단10671
난민불인정결정취소
Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Details of the disposition;

A. On October 2, 2017, the Plaintiff entered the Republic of Korea with the status of stay for short-term visits (C-3) from October 2, 2017.

B. On November 30, 2017, the Plaintiff applied for recognition of refugee status to the Defendant. However, on January 18, 2019, the Defendant rendered a decision to deny refugee status (hereinafter “instant disposition”) on the ground that the Plaintiff’s assertion would be subject to persecution as stipulated in Article 1 of the Convention on the Status of Refugees and Article 1 of the Protocol on the Status of Refugees.

C. The Plaintiff filed an objection with the Minister of Justice on February 8, 2019, but the Minister of Justice dismissed the Plaintiff’s objection on October 18, 2019.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1 to 4, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff asserted that the Plaintiff was trying to enter the Republic of Korea to marry with a woman-friendly Gu that is a senior citizen, and suspended religious life as a Islamic school.

The plaintiff's family members in charge of this fact considered the plaintiff as an associater and threatened the plaintiff to die.

In the event that the plaintiff returned to his home country, the disposition of this case, which did not recognize the plaintiff as a refugee, is unlawful.

B. 1) The term “refugee” means a foreigner who is unable or does not want to be protected by the country of nationality due to well-founded fear to recognize that he/she may be injured on the grounds of race, religion, nationality, status as a member of a specific social group, or political opinion, or a stateless foreigner who, due to such fear, cannot return to the country in which he/she resided before entering the Republic of Korea or does not want to return to the country (Article 2 subparag. 1 of the Refugee Act, which is the requirement for recognition of refugee status, includes threats to life, body, or freedom.

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