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(영문) 서울행정법원 2018.05.24 2018구단589
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 entered the Republic of Korea on July 11, 2017, as a foreigner of the nationality of the Algerian People's Democratic Republic (People's Demmora, hereinafter "Arri"), with the status of stay C-3 (short-term visit) (short-term visit) of the Republic of Algerian People's Democratic Republic.

B. On July 31, 2017, the Plaintiff filed an application for recognition of refugee status with the Defendant, but on September 15, 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 of persecution” as prescribed by 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 October 25, 2017, the Plaintiff issued a notice of decision on refugee status refusal by the Defendant, and filed the instant lawsuit on January 5, 2018.

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

2. The assertion and judgment

A. The Plaintiff asserted that the Plaintiff did not believe Islamic intercourse, but did not have a religion.

If the plaintiff returns to his own country, there is a concern that this problem may threaten his/her family and neighbors to his/her 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 sufficient grounds for recognizing that refugee status may be harmed on the grounds of race, religion, nationality, membership of a particular social group or political opinion, or foreigners who are unable or do not want to be protected from the country of nationality due to such fear, or who have resided before entering Korea due to such fear.

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