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(영문) 서울행정법원 2017.10.20 2017구단21640
난민불인정결정취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. In the course of the disposition, the following facts: (a) the status of stay exemption (B-1) on May 24, 2016 of the date of entry into the Republic of Korea of the Kingdom of Morocco (B-1); (b) the date of application for refugee status recognition (hereinafter “instant disposition”) and the date of August 19, 2016 of the date of application for refugee status recognition (hereinafter “the date of application for refugee status recognition”); (b) the reasonable ground for recognition of refugee status: (c) the date of application for objection, which was determined on September 6, 2016, cannot be recognized as having a legitimate ground for recognition of refugee status: (d) the fact that there is no ground for recognition of the decision of rejection as of October 10, 2016 of the date of application for objection; (d) the evidence

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion was born at the Morocco’s home with the nationality of the Kingdom of Morocco (hereinafter “Morocco”).

Since 2007, the plaintiff's family members who did not follow Islamic doctrine, such as not having a Islamic member from around 2007, not having a course of worship, and not having a sense during the Roman period, threatened the plaintiff.

Accordingly, in 2013, the plaintiff has moved to Maotar from Maoco and lived in Korea.

As such, if the plaintiff returned to Morocco, he/she is likely to be stuffed from his/her family.

B. Determination 1) Article 2 Subparag. 1 of the Refugee Act defines refugee status as “any foreigner who is unable or does not want to be protected by the country of nationality 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 specific social group, or political opinion, or is a stateless foreigner who is unable or does not want to return to the country in which he/she had resided before entering the Republic of Korea due to such fear.” 2) When comprehensively considering the evidence and evidence set forth in subparagraph 3 as well as the following circumstances that can be known by adding up the purpose of the entire pleading to the statement in subparagraph 3, the Plaintiff’s opinion on race, religion, nationality, membership of a specific social group, or political opinion.

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