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(영문) 서울행정법원 2019.08.27 2019구단8153
난민불인정결정취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The details of the disposition are the Plaintiff’s nationality.

On December 10, 2016, the date of entry into the Republic of Korea of the Republic of Korea (D-41, 6 months) the date of application for refugee status recognition (hereinafter “instant disposition”) (hereinafter “instant disposition”) on January 24, 2017, the date of the application for refugee status status recognition: (a) on June 11, 2018, the date of the decision of the court of decision of June 24, 2018; (b) there is no dispute over the grounds for recognition of the rejection of the decision of the decision of April 10, 2018; (c) the facts that there is no ground for recognition of the rejection of the decision of the court of decision of April 10, 2019; (d-41, 6 months); (d) Gap’s evidence 1

2. Whether the instant disposition is lawful

A. The plaintiff's assertion is a same-sex child, and the plaintiff is a same-sex child.

In this regard, the same-sexs have been severely punished, and the plaintiff has been arrested for this reason, and the plaintiff has also been distributed to him. For this reason, the plaintiff is well-known.

In case of return to Korea, it is likely to receive gambling.

Nevertheless, the instant disposition that did not recognize the Plaintiff as a refugee is unlawful.

B. (1) In full view of the provisions of Article 2 subparag. 1 and Article 18 of the Refugee Act, Article 1 of the Convention on the Status of Refugees, and Article 1 of the Protocol on the Status of Refugees, the Minister of Justice must recognize a foreigner in the Republic of Korea who is unable or does not want the protection of the country of his nationality due to well-founded fear of persecution for reasons of race, religion, nationality, membership of a particular social group, or political opinion, as a refugee.

On the other hand, when the sexual orientation or sexual identity of the same sex is disclosed externally, it is against the moral norm of the country of origin, or faces criticism and criticism from neighbors and the public. In order to avoid such social criticism, non-honorary and value, it is an unfair social constraints to decide itself as a hidden device of his own sexual orientation. However, it is necessary to protect refugee applicants in accordance with the Refugee Convention.

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