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(영문) 서울행정법원 2019.04.04 2018구단77923

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 December 4, 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 status to the Defendant on February 16, 2017, by applying for visa exemption (B-1).

B. On January 16, 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 refugee requirement 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 14, 2018, but the Minister of Justice dismissed the objection on September 14, 2018.

On November 27, 2018, the Plaintiff received the notice of dismissal of the said objection, and filed the instant lawsuit on December 21, 2018.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 4, Eul evidence 1 to 4, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff asserted that the Plaintiff operated the car page in Morocco, even though the lessor filed a lawsuit against the Plaintiff, which was awarded a favorable judgment against the Plaintiff, and the Plaintiff did not return the deposit and proceed to the car page.

On November 2016, the lessor, taking advantage of the status of the police as a senior position, was assaulted by the plaintiff for a day by leading the plaintiff, and withdrawn the lawsuit for the return of the deposit and threatened the plaintiff to go on the car page, and the plaintiff was forced to withdraw the lawsuit.

If the plaintiff returned to Morocco, it is likely that the lessor will be re-employed, so the plaintiff should be recognized as a refugee.

B. Article 2 Subparag. 1 of the Refugee Act provides that a person shall be subject to the protection of a country of nationality due to well-founded fear of recognizing that he/she may be subject to persecution on the grounds of race, religion, nationality, status as a member of a specific social group, or political opinion.