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(영문) 서울행정법원 2018.08.31 2018구단62426
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 April 7, 2016, the Plaintiff, a Moroc nationality, entered the Republic of Korea with visa exemption (B-1) status on April 7, 2016, and applied for refugee status to the Defendant on May 16, 2016.

B. On March 27, 2018, the Defendant rendered a decision on the recognition of refugee status (hereinafter “instant disposition”) to the Plaintiff on the ground that the Plaintiff’s assertion does not constitute a case of “a well-founded fear that would be subject to persecution” as a requirement of refugee under Article 1 of the Convention on the Status of Refugees and Article 1 of the Protocol on the Status of Refugees.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, Eul evidence Nos. 1 and 2, and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff asserted that the Plaintiff was originally Muslim, but the Islamic fundamentalism and terrorists were over and cruel, and the meeting for Islamic intercourse was launched into Muslim.

Accordingly, the Muslim type group, which became aware of the Plaintiff's opening of the dog, has continuously threatened the Plaintiff with murdering.

Therefore, the defendant's disposition of this case which did not recognize the plaintiff as a refugee despite high possibility that the plaintiff would be subject to gambling when he returns to the country of nationality is illegal.

B. 1) Determination 1) “Refugee” means a foreigner who is unable or does not want to be protected due to well-founded fear to recognize that he/she may be injured on the grounds of race, religion, nationality, status as a member of a particular social group, or political opinion, or a stateless foreigner who, due to such fear, is unable or does not want to return to the country in which he/she had resided before entering the Republic of Korea (Article 2 Subparag. 1). 2 of the Refugee Act) and who is a requirement for refugee recognition, such as a threat to life, body or freedom, is seriously infringing on the essential human dignity.

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