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(영문) 서울행정법원 2018.11.20 2018구단19897
난민불인정처분취소
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. On May 20, 2017, the Plaintiff entered the Republic of Korea with a short-term visit (C-3) status on May 20, 2017, and applied for refugee status to the Defendant on July 26, 2017.

B. On January 16, 2018, the Defendant rendered a decision on refugee status refusal (hereinafter “instant disposition”) against the Plaintiff on the ground that the Plaintiff’s assertion does not constitute a case of “a well-founded fear that would be subject to persecution” as prescribed by 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”).

C. The Plaintiff dissatisfied with the instant disposition and filed an objection with the Minister of Justice on February 19, 2018, but the Minister of Justice dismissed the Plaintiff’s objection on September 14, 2018.

[Ground of recognition] Facts without dispute, Gap evidence 3, 4, Eul evidence 1 and 2, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s family members, who are the Plaintiff’s assertion slock, opposed to marriage on the ground that the Plaintiff’s female-friendly group, which was the Plaintiff’s school, opposed to marriage on the ground that it was a slock, and for the same reason, only one of neighbors

In the event that the plaintiff returned to his country of nationality, the disposition of this case, which did not recognize the plaintiff as a refugee, is unlawful even though it is likely to be harmed for religious reasons as above.

B. In full view of the provisions of Article 2 subparag. 1 of the Refugee Act, Article 1 of the Refugee Convention, and Article 1 of the Refugee Protocol, a foreigner who, owing to well-founded fear of persecution for reasons of race, religion, nationality, membership of a particular social group, or political opinion, is unable or does not want the protection of the country of nationality, or a foreigner who, owing to such fear, is unable to return to or does not want to return to the country in which he resided before entering the Republic of Korea.

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