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(영문) 서울행정법원 2019.06.13 2019구단57025
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. On April 10, 2016, the Plaintiff entered the Republic of Korea as a foreigner of Morocco nationality with the status of stay for visa exemption (B-1).

B. On May 16, 2016, the Plaintiff applied for recognition of refugee status to the Defendant. However, on February 27, 2018, the Defendant rendered a decision to recognize refugee status (hereinafter “instant disposition”) on the ground that the Plaintiff’s assertion would be subject to persecution as stipulated in Article 1 of the Convention on the Status of Refugees and Article 1 of the Protocol on the Status of Refugees.

C. The Plaintiff filed an objection with the Minister of Justice on March 28, 2018, but the Minister of Justice dismissed the Plaintiff’s objection on February 14, 2019.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence Nos. 1 through 3 and 6, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff asserted that the Plaintiff had been compelled to open to a shot school in his home country in 2009 or in 2010, and was subject to violence from three non-merchants presumed to be under the jurisdiction of an organization of extreme shotos, around early April 2016.

In the event that the plaintiff returns to his home country, the disposition of this case which did not recognize the plaintiff as a refugee even though it is likely to be detrimental to gambling due to such circumstances is unlawful.

B. 1) The term “refugee” means a foreigner who is unable or does not want to be protected due to well-founded fear to recognize that he/she may be detrimental to the dignity of the nation of his/her nationality on the grounds of race, religion, nationality, status as a member of a specific social group, or political opinion, or a stateless foreigner who, due to such fear, is unable or does not want to return to the country in which he/she had resided before entering the Republic of Korea (Article 2 Subparag. 1 of the Refugee Act, “persecution” which is a requirement for recognition of refugee status, includes threats to life, body, or freedom, and also serious infringement or discrimination against the essential human dignity.

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