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(영문) 서울행정법원 2018.10.04 2018구단10203
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 of the nationality of the Republic of Korea (hereinafter referred to as the "Korea"), who entered the Republic of Korea on July 22, 2017, with the status of stay C-3 (short-term Visit).

B. On July 31, 2017, the Plaintiff filed an application for recognition of refugee status with the Defendant, but on August 4, 2017, the Defendant rendered a disposition for recognition of refugee status (hereinafter “instant disposition”) to the Plaintiff on the ground that it is difficult to recognize “the well-founded fear that there is a risk of persecution” as stipulated in Article 1 of the Convention on the Status of Refugees (hereinafter “Refugee Convention”) and Article 1 of the Protocol on the Status of Refugees (hereinafter “Refugee Protocol”) and Article 1 of the Protocol on the Status of Refugees (hereinafter “Refugee Protocol”).

C. On August 16, 2017, the Plaintiff filed an objection with the Minister of Justice against the instant disposition. However, the Minister of Justice dismissed the Plaintiff’s objection on the same ground on March 21, 2018.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 4, Eul evidence 1 to 3, and the purport of whole pleadings

2. The assertion and judgment

A. The Plaintiff asserted that the Plaintiff was Muslim, but was staying in China around January 2014, and was changed to Suslim.

As such, the Plaintiff’s parents, who were the parents of the Plaintiff, had the young slick young young young young young people and began to threaten the Plaintiff, and on January 2017, the Plaintiff’s children were sleeped.

The plaintiff is the Republic of Korea of U.S.

If return is to be made, there is a concern that the plaintiff's parents or the slocks from the plaintiff's parents may still be threatened with the plaintiff's life or physical freedom.

Nevertheless, the disposition of this case which rejected the Plaintiff’s application for refugee status should be revoked as it is unlawful.

B. Article 2 Subparag. 1 of the Refugee Act provides that a person who is a member of a particular social group shall be a person of race, religion, nationality, and status of a refugee.

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