난민불인정결정취소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Details of the disposition;
A. On March 9, 2017, the Plaintiff entered the Republic of Korea as a foreigner of the nationality of the Kingdom of Morocco (hereinafter “Morocco”), and applied for refugee status to the Defendant on April 12, 2017.
B. On July 10, 2017, the Defendant rendered a decision on the refusal of refugee status on the ground that the “ sufficiently based fears that the Plaintiff would be subject to persecution” stipulated in Article 1 of the Convention on the Status of Refugees and Article 1 of the Protocol Relating to the Status of Refugees cannot be recognized.
(hereinafter “instant disposition”). C.
The Plaintiff filed an objection with the Minister of Justice on August 16, 2017, but the Minister of Justice dismissed the objection on March 21, 2018.
On July 9, 2018, the Plaintiff received the notice of dismissal of the said objection, and filed the instant lawsuit on August 2, 2018.
【Ground of recognition】 The fact that there has been no dispute, Gap's 1 through 4, Eul's 1, 2, and 3, the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The Plaintiff’s assertion that the Plaintiff filed a divorce against the Plaintiff’s punishment with the Morocco court.
On August 2016, 2016, the Marocco court filed a civil claim against the plaintiff for damages under the civil law. The Marocco court made a false assertion that the plaintiff abused the Marocco court for the purpose of withdrawing the application for divorce by pressureing leakage and mental pressure.
In addition, even after the disposition of this case, the punishment of the plaintiff was filed, and the police issued a writ of summons (Evidence A 5) to the plaintiff.
The illegality of an administrative disposition in an administrative litigation shall be determined on the basis of the relevant law and fact-finding at the time when the administrative disposition was taken, and it shall not be affected by the amendment or repeal of statutes or changes in the actual state after the disposition, and the same applies to a revocation lawsuit seeking the revocation of a decision not to grant refugee status (see, e.g., Supreme Court Decision 2015Du59129, Jul. 22, 2016).