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(영문) 서울행정법원 2016.04.08 2015구단19889

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 is well-known.

A foreigner with the nationality of the Republic of Korea (hereinafter referred to as “C-3”) entered and staying in the Republic of Korea on a short-term visit (C-3) on December 25, 2013, and filed an application for refugee status with the Defendant on January 3, 2014, prior to the expiration of the period of stay ( January 24, 2014).

B. On December 10, 2014, the Defendant rendered a decision on the recognition of refugee status (hereinafter “instant disposition”) on the ground that the Plaintiff does not constitute a case of “a well-founded fear that would be detrimental to persecution” as prescribed by Article 1 of the Convention on the Status of Refugees and Article 1 of the Protocol Relating to the Status of Refugees.

[Reasons for Recognition] Unsatisfy, Gap evidence 1, 2, Eul evidence 1 and 2, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The plaintiff's assertion is favorable.

Law is strictly punished for same-sexs, and is well-known.

Same-sexs are easy to receive social discrimination and threats.

In March 2010, the Plaintiff joined the same-sex organization called SMUG (SUG) around 201, when he/she was aware that he/she was the same-sexs after he/she was aware of his/her sexual identity at the end of 201, and he/she became aware that he/she was the same-sexs.

The plaintiff was present at the regular meeting of the same-sex group, and around 201, the plaintiff participated in the demonstration to commemorate B as the case of murder that is a same-sex human rights movement occurred.

On 2012, the Plaintiff was living together in Cambodia by being same-sexd with C.

The plaintiff is U.S.

In this regard, the same-sex was able to live together with C, and was born to the Republic of Korea.

Therefore, the plaintiff is able to become a member of a specific social group, such as the same-sexs and members of the same-sexs organization when they return to Korea.

The government and local residents are likely to be detrimental to serious human rights, such as social discrimination, intimidation, arrest, piracy, terrorism, etc.