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(영문) 서울행정법원 2019.04.04 2019구단661

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 November 7, 2016, the Plaintiff entered the Republic of Korea as a foreigner of the nationality of the Kingdom of Morocco (hereinafter “Morocco”), and applied for refugee recognition to the Defendant on December 19, 2016, by applying for visa exemption (B-1).

B. On January 23, 2018, the Defendant rendered a decision on the recognition of refugee status on the ground that, as to the Plaintiff, it cannot be recognized as a “founded well-founded fear of persecution” as a requirement of refugee under Article 1 of the Convention on the Status of Refugees and Article 1 of the Protocol on the Status of Refugees.

(hereinafter “instant disposition”). C.

The Plaintiff filed an objection with the Minister of Justice on February 26, 2018, but the Minister of Justice dismissed the objection on September 14, 2018.

On December 14, 2018, the Plaintiff received the notice of dismissal of the said objection, and filed the instant lawsuit on January 14, 2019.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1 to 5 (including branch numbers), the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff asserted that Marocco joined Marocco’s organization B to protect the culture, language, and human rights of Vietnam and participated in the conference and demonstration, and participated in the conference and demonstration as well as the chief of the site of the Matrico branch. The Marocco government dissolved the demonstration with the force of Marocco government and investigated the Plaintiff two times in relation to B’s activities.

Even after the plaintiff, the plaintiff was engaged in activities such as informing the Internet of the situation faced with beer on the Internet.

Therefore, the instant disposition that did not recognize the Plaintiff as a refugee on a different premise is unlawful, since there exists a well-founded fear that the Plaintiff would be subject to gambling from the Morocco government in the event of returning to Morocco.

B. Determination 1 is based on race, religion, nationality, status as a member of a specific social group or political opinion.