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(영문) 서울행정법원 2019.06.04 2019구단3578
난민불인정결정취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. In the course of the disposition, the Plaintiff’s short-term visit for refugee status (C-3, 59 days) on January 14, 2017 (hereinafter “instant disposition”) on the date of entry into the Republic of Korea of the Republic of Korea of the Republic of Korea on January 14, 2017: (a) the date of application for refugee status recognition (C-3, 59 days); (b) October 11, 2017 of the date of application for refugee status recognition; (c) there is no dispute over the grounds for recognition of refugee non-recognition: the fact that there is no ground for rejection of the decision made on February 14, 2017 of the date of application for objection, which is the date of the decision made on December 14, 2017; (d) the entries in subparagraphs A through 4, B, and 2;

2. Whether the instant disposition is lawful

A. The Plaintiff asserted that he participated in the process of investment and ballot counting as an election supervisor in the Republic of Korea in 2016, and that a political party member to whom a candidate was a abortioned at the time of the election was involved, arrested the Plaintiff and election supervisors, including the Plaintiff, and threatened the Plaintiff with the search for the Plaintiff and the guns and murder even after the deprivation.

They are now facing threats, such as finding people in the Philippines and asking the plaintiff's whereabouts.

In order to avoid such a threat, the disposition of this case which did not recognize the Plaintiff as a refugee even though the Plaintiff filed an 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.

“Anchoring” which is a requirement for recognition of refugee refers to “any act causing serious infringement of or discrimination against essential human dignity, including threats to life, body or freedom,” and any foreigner who files an application for recognition of refugee status.

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