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(영문) 서울행정법원 2020.05.07 2020구단513
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. The Plaintiff entered the Republic of Korea on February 4, 2017 with the status of stay for visa exemption (B-1) from the Republic of Kazakhs (hereinafter referred to as “Kazakhstan”) of the Republic of Kazasts (hereinafter referred to as “the Republic of Kazakhstan”).

B. On March 23, 2017, the Plaintiff filed an application for refugee status with the Defendant. On December 10, 2018, the Defendant rendered a decision not to recognize refugee status (hereinafter “instant disposition”) against the Plaintiff on the ground that the Plaintiff’s assertion does not constitute “the well-founded fear that would be prejudicial to gambling” as stipulated in Article 1 of the Convention on the Status of Refugees (the Convention 1951 Convention, hereinafter “Refugee”) and Article 1 of the Protocol Relating to the Status of Refugees (the “Refugee 1967 Convention”).

C. On January 10, 2019, the Plaintiff filed an objection with the Minister of Justice against the instant disposition. However, the Minister of Justice dismissed the Plaintiff’s objection on the same ground as the instant disposition on October 18, 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

A. The summary of the Plaintiff’s assertion is that B, the father of the Plaintiff, avoided threats in Kazakhstan, entered the Republic of Korea with his family, including the Plaintiff, and the Plaintiff, a minor child, should also be recognized as a refugee because B constitutes a refugee.

Nevertheless, the instant disposition that did not recognize the Plaintiff as a refugee is unlawful.

B. In full view of the provisions of Article 1 and Article 2 subparag. 1 of the Refugee Act, Article 1 of the Refugee Convention, Article 1 of the Refugee Protocol, and Article 1 of the Refugee Protocol, the Minister of Justice does not have the right to protection of the country of nationality or want the protection of the country of nationality due to well-founded fear of persecution for reasons of race, religion, nationality, membership of a particular social group or political opinion.

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