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(영문) 광주지방법원 2019.07.24 2019구단10200
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 well-known.

A foreigner of the nationality of the Republic of Korea (hereinafter referred to as the "Korea"), who entered the Republic of Korea with a short-term visit (C-3) on September 4, 2016, and applied for refugee status recognition to the Defendant on September 12, 2016.

B. On April 5, 2018, the Defendant rendered a decision to deny refugee status (hereinafter “instant disposition”) on the ground that the grounds for applying for recognition of refugee status alleged by the Plaintiff against the Plaintiff does not constitute “a well-founded fear that is likely to suffer persecution” as a requirement of refugee under Article 1 of the Convention on the Status of Refugees (hereinafter “Refugee”) and Article 1 of the Protocol Relating to the Status of Refugees (hereinafter “Refugee Protocol”).

C. The Plaintiff filed an objection with the Minister of Justice on May 1, 2018, but the Minister of Justice dismissed the objection on November 29, 2018.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence Nos. 1 and 2, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion at around 2014: (a) closed the fact that he was the same-sexs; and (b) took part in the same-sex relationship with the same-sexs; (c) the Plaintiff’s family members and relatives, who became aware of this fact, rejected the Plaintiff and reported to the police.

The social reflection of the same-sex baby is serious and arrested to the police solely on the ground that he/she is the same-sex baby. On October 9, 2015, the plaintiff was arrested to the police and was detained in the detention center on his/her own, and the plaintiff was subject to physical abuse during his/her arrest on the police around October 9, 2015, and the result was suffering from stress disorder even after his/her release.

The plaintiff is the Republic of Korea of U.S.

If you return to Korea, it is likely to be threatened with life or physical freedom.

Nevertheless, the defendant's disposition of this case which did not recognize the plaintiff as a refugee should be revoked because it is unlawful.

B. Determination 1 of the Refugee Act is a refugee in accordance with the Refugee Convention and the Refugee Protocol.

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