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(영문) 서울행정법원 2018.11.14 2018구단16041

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 July 7, 2016, the Plaintiff entered the Republic of Korea with the visa exemption (B-1) status on July 7, 2016, and applied for refugee status to the Defendant on August 26, 2016.

B. On December 1, 2017, the Defendant rendered a decision on the refusal of refugee status (hereinafter “instant disposition”) on the ground that the Plaintiff cannot be deemed as having “a sufficiently-founded fear of persecution” as stipulated in Article 1 of the Convention on the Status of Refugees and Article 1 of the Protocol Relating to the Status of Refugees.

C. As to this, the Plaintiff filed an objection with the Minister of Justice on December 22, 2017, but was dismissed on June 12, 2018.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, 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 is Turkey from the cuadar’s origin. The current domestic situation of Turkey is unstable due to the conflict between the B and the Turkey police who is the worker of cuadistan. The Government of Turkey makes a suppression on cuads, and the cuads are discriminated against in Turkey.

In addition, the plaintiff married with his wife, and the father's parents are opposing the marriage of the plaintiff's husband and wife and threatening the plaintiff on the grounds that the plaintiff believed a religion different from his or her own.

Therefore, since there exists a well-founded fear that the Plaintiff would be subject to Turkey or Thailand for the foregoing reasons, the instant disposition that did not recognize the Plaintiff as a refugee is unlawful.

B. 1 The term “refugee” means a foreigner who is unable or does not want to be protected by a State of nationality due to well-founded fear to recognize that he/she is likely to be injured on the grounds of race, religion, nationality, status as a member of a particular social group or political opinion, or any such foreigner.