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(영문) 서울행정법원 2018.04.19 2017구단77285
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 February 6, 2015, with the status of stay C-3 (short-term Visit).

B. On February 9, 2015, the Plaintiff filed an application for refugee status with the Defendant, but on August 9, 2016, the Defendant rendered a disposition for refugee status not to grant 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 possibility of persecution” as stipulated in Article 1 of the Convention on the Status of Refugees (hereinafter “Refugee Convention”) and Article 1 of the Protocol Relating to the Status of Refugees (hereinafter “Refugee Protocol”) and Article 1 of the Protocol Relating to the Status of Refugees.

C. On November 28, 2016, the Plaintiff appealed to the instant disposition and filed an objection with the Minister of Justice, but the Minister of Justice dismissed the Plaintiff’s objection on the same ground as on July 18, 2017.

[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’s assertion is U.S., a home country around 2013.

The male who drink B was aware of alcohol at his house and had sexual intercourse with B while under the influence of alcohol.

The Plaintiff maintained a same-sex relationship with B until 2015, and around 2014, the Plaintiff’s spouse became aware of the Plaintiff’s same-sex relationship, and the said fact became known to the Plaintiff’s family members.

U.S.C.

The Act was enacted to prohibit the same-sex marriage, and many people have a strong rejection of the same-sex marriage. If the plaintiff returns to his own country, it is likely that he will be threatened with the freedom of life or physical liberty on the grounds of same-sex marriage.

Nevertheless, the disposition of this case which rejected the Plaintiff’s application for refugee status is unlawful.

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