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(영문) 서울행정법원 2019.04.03 2019구단2568
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 August 25, 2004, the Plaintiff entered the Republic of Korea on several occasions after entering the Republic of Korea for the first time on August 25, 2004, and repeated entry and departure, but entered the Republic of Korea on July 19, 2017, and applied for refugee status to the Defendant on August 18, 2017.

B. On January 31, 2019, the Defendant rendered a decision to recognize refugee status (hereinafter “instant disposition”) on the ground that the Plaintiff does not constitute a case where there is a well-founded fear that the Plaintiff would be subject to persecution” as a requirement of refugee under Article 1 of the Convention on the Status of Refugees and Article 1 of the Protocol Relating to the Status of Refugees.

[Reasons for Recognition] Uncontentious Facts, Entry B in Evidence Nos. 1 and 2, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. Although the grounds for applying for refugee status do not specifically appear in the summary of the Plaintiff’s assertion, it is written in the complaint to the effect that the application for refugee status is filed on the same grounds as the Plaintiff alleged in the procedures for refugee status screening, the Plaintiff’s assertion was arranged based on the Plaintiff’s statement at the time of the Plaintiff’

On several occasions, the Plaintiff was made verbal intimidation with the purport that the Plaintiff would repay the Plaintiff’s debt from the Plaintiff’s creditor.

Therefore, since there exists a well-founded fear that the Plaintiff’s return from the Plaintiff’s obligee would be subject to gambling when the Plaintiff returned to the Republic of Korea, the instant disposition that did not recognize it on a different premise is unlawful.

B. 1 The term “refugee” means a foreigner who is unable or does not wish to be protected by a State 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 particular social group or political opinion, or a foreigner who does not want to be protected, or due to such fear, before entering Korea.

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