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(영문) 서울행정법원 2019.05.22 2018구단76913
난민불인정결정취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The circumstances leading to the decision to deny refugee status ① The plaintiff is well-known.

On December 3, 2016, a national B-born female entered the Republic of Korea with a short-term visit (C-3) sojourn status on a short-term basis, and on December 12, 2016, the Defendant filed an application for refugee status with the Defendant on the ground that “a female with a levir’s words was harsh and threatened by his parents.”

② On December 22, 2017, the Defendant rendered a decision to deny refugee status (hereinafter “instant disposition”) against the Plaintiff on the ground that “the Plaintiff cannot be deemed to have satisfied the requirements for recognition of refugee status under the Refugee Act.”

③ Although the Plaintiff filed an objection with the Minister of Justice, the Minister of Justice dismissed the Plaintiff’s objection on September 14, 2018.

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

2. The Plaintiff asserted that the Plaintiff became a same-sex with his her son in 2010 and became a same-sex.

After that, the plaintiff met with D's female, and was threatened with D's parents that they will die continuously, and there was also a case in which those who are presumed to have sent D's parents want to enter the plaintiff's house's door.

The plaintiff is a national state of nationality of the plaintiff.

In addition, it is highly likely that a state agency or a private person will be imprisoned by the general sense of society due to the high reflection of the same sex, and it is well-known.

Since police is leading to the pressure of sexual minoritiess, it is difficult to expect the protection through the judicial authorities.

Therefore, the Plaintiff constitutes 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 that he/she is able to be injured on the ground of his/her membership in a specific social group, and thus, the instant disposition that did not recognize the Plaintiff as a refugee should be revoked in an unlawful manner.

3. (i) On December 12, 2017, the Plaintiff filed an application for recognition of refugee status in relation to the instant application for recognition of refugee status.

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