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(영문) 서울행정법원 2017.06.02 2017구단5136
난민불인정결정취소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. In the course of the disposition, the following facts: (a) there is no dispute over the grounds for recognizing that there is no sufficient ground for recognizing refugee non-recognition on November 14, 2016 as of the date of application for refugee status exemption (B-1) on November 20, 2005, the date of entry into the Republic of Korea of the Kingdom of Marocco, the Republic of Korea; (b) the date of application for refugee status exemption (hereinafter “instant disposition”); (c) there is no ground for recognizing that there is no sufficient ground for recognizing refugee non-recognition: The evidence No. 1, No. 1, and No. 2, and the purport of the entire pleadings;

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion is a national of the Kingdom of Morocco (hereinafter “Morocco”).

At the time of the Plaintiff’s existence in Morocco, there was a dispute between the Plaintiff’s father and the third-party relationship with respect to the land that the father and the third-party relationship used to assault and detain the Plaintiff.

The Plaintiff entered the Republic of Korea, regardless of the threat of the said three villages, regardless of the damaged Morocco.

As such, the Plaintiff’s return to Morocco is likely to pose a threat from the third degree of relationship, and thus, it should be recognized as a refugee.

B. Determination 1) Article 2 Subparag. 1 of the Refugee Act defines refugee status as “a foreigner who is unable to be protected or does not want to be protected by the country of nationality due to well-founded fear to recognize that he/she may be injured on the grounds of race, religion, nationality, membership of a specific social group, or political opinion, or a foreigner who does not want to be protected, or who does not have to return to the country in which he/she had resided before entering the Republic of Korea due to such fear.” 2) In full view of the aforementioned evidence and the evidence in subparagraph 3 as well as the following circumstances revealed in the statement in subparagraph 3: (a) it is difficult to view that the Plaintiff “a well-founded fear of being injured on the grounds of race, religion, nationality, membership of a specific social group, or political opinion,” and there is no other evidence to acknowledge it.

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