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(영문) 서울행정법원 2018.11.01 2018구단12902
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 August 6, 2015 as a foreigner of the nationality of the Republic of ASEAN (Federia, hereinafter referred to as “Naria”), who entered the Republic of Korea with the status of stay C-3 (short-term visit) (short-term visit).

B. On May 15, 2017, the Plaintiff filed an application for recognition of refugee status with the Defendant, but on May 31, 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. The Plaintiff dissatisfied with the instant disposition on July 4, 2017, and filed an objection with the Minister of Justice. 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 3, Eul evidence 1 to 3, and the purport of whole pleadings

2. The assertion and judgment

A. The Plaintiff’s assertion received the amount of USD 10,000 as business funds from the Plaintiff’s referring around 2010.

However, the Plaintiff continued to threaten the Plaintiff on the ground that the dual-type system of the Plaintiff, which became aware of this fact, is “The Plaintiff’s mother is not legally married with the Plaintiff’s father, and there is no reason to receive business funds from the Plaintiff’s father.”

On November 28, 2011, the Plaintiff received an attack from a person who cannot identify himself/herself and hospitalized him/her at a hospital.

In the event that the plaintiff returns to Maria, its home country, it is still likely to threaten the plaintiff's life or physical freedom from double-presidential systems.

Nevertheless, the plaintiff.

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