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(영문) 서울행정법원 2019.03.21 2018구단77640

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 is well-known.

A foreigner of the nationality of the Republic of Korea (hereinafter referred to as the "Korea"), who entered the Republic of Korea on August 31, 2017, with the status of stay C-3 (short-term Visit).

B. On September 8, 2017, the Plaintiff filed an application for recognition of refugee status with the Defendant. On October 16, 2017, the Defendant rendered a disposition for recognition of refugee status (hereinafter “instant disposition”) to the Plaintiff on the ground that it is difficult to recognize “the well-founded fear that there is a risk of persecution” as stipulated in Article 1 of the Convention on the Status of Refugees (hereinafter “Refugee Convention”) and Article 1 of the Protocol on the Status of Refugees (hereinafter “Refugee Protocol”) and Article 1 of the Protocol on the Status of Refugees (hereinafter “Refugee Protocol”).

C. On October 23, 2017, the Plaintiff filed an objection against the instant disposition with the Minister of Justice, but the Minister of Justice dismissed the Plaintiff’s objection on the same ground as on September 3, 2018.

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

2. The assertion and judgment

A. The Plaintiff’s assertion that all of his parents died around 3 years of age, and, after 18 years of age, the Plaintiff lived with the Nonparty’s family.

From around 12 years of age, the Plaintiff began to be raped from the outer third village, and was pregnant of a child in the outer third village around 18 years of age.

Then, the foreign third village sought a separate house by stating that the plaintiff should not speak to anyone who is pregnant.

However, the Plaintiff, around 198, told her her her friend B of rape, and told her her friend C of such fact in 201, and continued to threaten the Plaintiff by sending the Plaintiff to the her friend couple, who became aware of such fact.

The plaintiff is the Republic of Korea of U.S.

If you return to Korea, they still have the right to life or physical freedom from the married couple.