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(영문) 서울행정법원 2016.10.14 2016구단12175
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.

On June 26, 2015, a foreigner of nationality entered the Republic of Korea with a visa for short-term visit (C-3) on a short-term basis, and applied for refugee recognition to the defendant on July 14, 2015.

B. On October 5, 2015, the Defendant issued a disposition to recognize refugee status (hereinafter “instant disposition”) on the ground that the Plaintiff cannot be deemed as having “a well-founded fear that the Plaintiff would suffer from persecution” as stipulated in Article 1 of the Convention on the Status of Refugees (hereinafter “Refugee”) and Article 1 of the Protocol Relating to the Status of Refugees (hereinafter “Refugee Protocol”).

C. As to this, the Plaintiff filed an objection with the Minister of Justice on November 23, 2015, but was dismissed on March 23, 2016.

[Ground of recognition] Evidence Nos. 1 through 4, Evidence Nos. 1, 2, and 4, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion, as a same-sex, maintained the same-sex relationship between B and the same-sex relationship from 202. From October 2012, the Plaintiff liveded with Cambodia, and was 4 times or more away from the lessor on the ground of the same-sex relationship. On February 2013, the Plaintiff joined LGBT as a same-sex organization and participated in any demonstration opposing the same-sex legal system with the same-sex relationship.

In the event that the Plaintiff’s return to his home country is feared to be detrimental to the same-sex, the instant disposition that did not recognize the Plaintiff as a refugee is unlawful.

B. (1) In full view of the provisions of Article 2 subparag. 1 and Article 18 of the Refugee Act, Article 1 of the Refugee Convention, and Article 1 of the Refugee Protocol, foreigners in the Republic of Korea who are unable to be protected by the country of nationality or who do not want the protection of the country of nationality due to well-founded fear of persecution for reasons of race, religion, nationality, membership of a particular social group, or political opinion, should be recognized as refugee and recognized as refugee.

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