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(영문) 서울행정법원 2018.05.17 2018구단54142

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 April 18, 2017, as a foreigner with the nationality of the Republic of Angola (hereinafter “Rgola”) of the Republic of Angola, and entered the Republic of Korea with the status of stay C-3 (short-term visit).

B. On May 2, 2017, the Plaintiff filed an application for recognition of refugee status with the Defendant, but on May 24, 2017, the Defendant rendered a disposition on May 24, 2017 for recognition of refugee status (hereinafter “instant disposition”) on the ground that it is difficult to recognize “the well-founded fear that there is a possibility 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.

C. On June 26, 2017, 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 on December 7, 2017.

[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 was originally a newborn baby, but the Plaintiff changed to Islamic school around June 2015.

Angra is not well aware of Islamic bridge, and threats to Muslim are ordinarily becoming a threat to Muslim, and the plaintiff was also subject to criticism or threat of murder by his family members, neighbors, local National Assembly members, etc.

In the event that the plaintiff returns to the religion of his own country, there is a concern that his family, neighbors, local National Assembly members, etc. may be threatened with life or physical freedom.

Nevertheless, the disposition of this case which rejected the Plaintiff’s application for refugee status should be revoked as it is unlawful.

B. Article 2 Subparag. 1 of the Refugee Act provides that a person who is a refugee is a race, religion, nationality, and a particular social group.