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(영문) 서울행정법원 2018.09.19 2018구단14472

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 1, 2015, the Plaintiff entered the Republic of Mari (hereinafter “Mari”) as a foreigner of the nationality of the Republic of Mari (hereinafter “Mari”) and applied for refugee status to the Defendant on July 30, 2015, after entering the Republic of Korea as a general training (D-4).

B. On December 15, 2015, the Defendant rendered a disposition of non-recognition of refugee status (hereinafter “instant disposition”) on the ground that it is difficult to recognize the Plaintiff’s “a sufficiently-founded fear of persecution” as stipulated in 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”).

C. On January 18, 2016, the Plaintiff filed an objection with the Minister of Justice on January 18, 2016, but was dismissed on March 21, 2018.

[Reasons for Recognition] Unsatisfy, Gap evidence Nos. 1, 2, 3, Eul evidence Nos. 1 and 2, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The gist of the Plaintiff’s assertion was that the Plaintiff was Muslim, which began with the call of the church since 2012, and began with the call of the church, and went to the model of the Plaintiff after receiving a tax example around December 2014.

Around that time, the father of the Plaintiff, who became aware of the above facts, committed gambling, such as threatening the Plaintiff to die on the ground that the Plaintiff was married, and lest the Plaintiff be allowed to enter the church.

Therefore, the defendant's disposition of this case which did not recognize the plaintiff as a refugee is unlawful even though the possibility that the plaintiff would be injured due to religion is high in case that the plaintiff returned to Mariri-ri.

B. In full view of the provisions of Article 2 Subparag. 1 and Article 18 of the Refugee Act, Article 1 of the Refugee Convention, and Article 1 of the Refugee Protocol, foreigners who, owing to well-founded fear of being injured on the grounds of race, religion, nationality, membership of a particular social group, or political opinion, are unable to be protected of the country of nationality or who do not want the protection of the country of nationality, or who, owing to such fear, resided in the country of nationality before entering Korea.