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(영문) 서울행정법원 2019.08.23 2019구단7297
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 a foreigner of Morocco nationality.

On May 2, 2017, the Plaintiff entered the Republic of Korea with visa exemption (B-1) status on May 2, 2017, and applied for refugee status to the Defendant on August 8, 2017.

B. On April 2, 2018, the Defendant rendered a decision on the refusal of refugee status (hereinafter “instant disposition”) against the Plaintiff on the ground that there is a well-founded fear that the Plaintiff’s assertion would be subject to persecution as stipulated in Article 1 of the Convention on the Status of Refugees (hereinafter “Refugee”) and Article 1 of the Refugee 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 May 16, 2018, but the Minister of Justice dismissed the Plaintiff’s objection on February 14, 2019.

[Reasons for Recognition] Unsatisfy, Gap evidence 1 to 3, Eul evidence 1 and 2, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The gist of the Plaintiff’s assertion was that the Plaintiff was subject to assault and confinement from the external third village on the ground that the Plaintiff was the same-sex baby, and was forced to marry the same-sex marriage.

Therefore, even though there is a well-founded fear that the plaintiff will be stuffed when he returns to Morocco, the disposition of this case by the defendant who did not recognize the plaintiff as a refugee should be revoked because it is unlawful.

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

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