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(영문) 서울행정법원 2018.12.07 2018구단69168

난민불인정결정취소

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. In the course of the disposition, the following facts: short-term visit of sojourn status (C-3) on May 16, 2016 of the date of entry into the Republic of Korea of the Plaintiff, the date of applying for refugee status recognition (hereinafter “instant disposition”) on May 17, 2016: (a) the date of the application for refugee status recognition (hereinafter “instant disposition”) and the reasonable ground for refugee status non-recognition: (b) April 26, 2017; (c) there is no dispute over the grounds for recognition of the decision of rejection of the decision of March 21, 2018 as of May 111, 2017; (d) the facts that there is no ground for recognition of the decision of rejection of the decision of the decision of March 21, 2018; and (e) the entries in subparagraphs

2. Whether the instant disposition is lawful

A. The plaintiff's assertion is a national of the Republic of Syria (hereinafter "Syria").

Syria is a very dangerous internal challenge between the present government-military forces and the anti-military forces.

In addition, the plaintiff is forced to be exposed to the risk of sexual assault, human trafficking, etc. if he/she returns to Syria to a female who is unable to obtain sufficient protection from his/her family.

As such, the Plaintiff is unable to return to Syria, and thus, he/she should be recognized as a refugee.

B. Determination 1) Article 1 of the Refugee Act provides that “The purpose of this Act is to provide for matters concerning the status, treatment, etc. of refugees pursuant to the 1951 Convention on the Status of Refugees (hereinafter “Refugee Convention”) and the 1967 Protocol Relating to the Status of Refugees (hereinafter “Refugee Protocol”).” Article 2 Subparag. 1 of the Refugee Act provides that “The purpose of this Act is to provide for matters concerning the status, treatment, etc. of refugees” (Article 2(1) of the Refugee Act provides that “A foreigner who is unable or does not want to be protected by a State of his/her nationality due to well-founded fear of being recognized as being detrimental to race, religion, nationality, membership of a particular social group, or political opinion, or a foreigner who does not want to return to the State of his/her nationality, who has resided before entering the Republic of Korea due to such fear, shall return to the State of his/her nationality or who does not want to return to the Republic of Korea due to such fear