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(영문) 서울행정법원 2019.06.26 2019구단55982
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 March 28, 2017, the Plaintiff entered the Republic of Korea on a short-term visit (C-3) status on a short-term visit (C-3), and filed an application for refugee status with the Defendant on April 10, 2017.

B. On April 11, 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 stipulated by Article 1 of the Convention on the Status of Refugees (hereinafter “Refugee”) and Article 1 of the Protocol Relating to the Status of Refugees (hereinafter “Refugee Protocol”) as a requirement for refugee status.

(hereinafter “instant disposition”). C.

The Plaintiff filed an objection with the Minister of Justice on May 4, 2018, but the Minister of Justice dismissed the objection on November 29, 2018.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3, Eul evidence Nos. 4 and 5, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion was the regional interest of the group B, and was killed by the government group around December 2015.

At this time, the Plaintiff’s mother and female life were murdered together. The Plaintiff, who lost his/her family, was supported by C, who was sublimeing the deceased.

However, around November 2016, C killed the Plaintiff and salved the Plaintiff to salvbly salk the Plaintiff, and arrested the Plaintiff in forest, and the Plaintiff escaped immediately before salving.

Therefore, if the plaintiff returned to his own country, it is inevitable to be exposed to such a threat of homicide. This situation of the plaintiff's face constitutes a well-founded fear that the plaintiff may be harmed on the ground that it is a member of a specific social group.

In addition, the plaintiff is not able to be protected by the country of nationality as a child of the father of the B organization.

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