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(영문) 서울행정법원 2017.06.27 2016구단34182
난민불인정결정취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

Details of the disposition

On April 22, 2015, the Plaintiff entered the Republic of Korea with the Tourism Tong (B-2) status on April 22, 2015, and applied for refugee status to the Defendant on May 4, 2015.

On October 10, 2016, the Defendant rendered a disposition to deny the Plaintiff’s application for refugee status (hereinafter “instant disposition”) on the ground that the Plaintiff’s assertion does not constitute “a well-founded fear of persecution” as stipulated in Article 1 of the Refugee Convention and Article 1 of the Refugee Protocol.

【Ground of recognition” without any dispute, Gap 1, 2, 3 evidence, Eul 1, 2, and 3 evidence, and the purport of the entire argument as to whether the disposition of this case is legitimate or not as a whole, the plaintiff tried to marry with a female-friendly woman-friendly woman, who is a shot-do.

However, the father of the Islamic school, however, threatened the plaintiff with murdering by marriage with the female-friendly Gu.

For this reason, the plaintiff's return to his country is highly likely to be harmful to gambling.

Therefore, the instant disposition that did not recognize the Plaintiff as a refugee is unlawful.

Judgment

In full view of the provisions of Article 2 subparag. 1 and Article 18 of the Refugee Act, Article 1 of the Refugee Convention, and Article 1 of the Refugee Protocol, foreigners who, owing to well-founded fear of persecution for reasons of race, religion, nationality, membership of a particular social group, or political opinion, are unable to be protected of the country of nationality or who, owing to such fear, does not want to be protected of the country of nationality, or who, owing to such fear, cannot return to the country in which they resided before entering the Republic of Korea, or who does not want to return to the country of nationality, shall be recognized as a refugee, and “persecution” which is the requirement for recognition of a refugee refers to “any act causing serious infringement or discrimination against essential human dignity, including threats to life, body or liberty.”

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