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(영문) 서울행정법원 2020.07.16 2020구단8012
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. On March 6, 2017, the Plaintiff entered the Republic of Korea as a foreigner of Morocco’s nationality eligible for visa exemption (B-1).

B. On May 12, 2017, the Plaintiff applied for refugee status to the Defendant. However, on December 5, 2018, the Defendant rendered a decision to recognize refugee status (hereinafter “instant disposition”) on the ground that the Plaintiff’s assertion would be subject to persecution as stipulated in Article 1 of the Convention on the Status of Refugees and Article 1 of the Protocol on the Status of Refugees.

C. The Plaintiff filed an objection with the Minister of Justice on January 7, 2019, but the Minister of Justice dismissed the Plaintiff’s objection on October 18, 2019.

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

2. Whether the instant disposition is lawful

A. The Plaintiff asserted that the Plaintiff provided a teaching system with a friend female in its home country, and four Buddhist merchants demanded that friend female will not be married with friend female, threatening the Plaintiff several times, and attempted to kill knife with a tension.

They know that the plaintiff left Islamic, and intend to kill the plaintiff still.

In the event that the plaintiff returned to his home country, the disposition of this case, which did not recognize the plaintiff as a refugee, is unlawful.

B. 1) The term “refugee” means a foreigner who is unable 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, status as a member of a particular social group, or political opinion, or a stateless foreigner who, due to such fear, cannot return to or does not want to return to the country in which he/she resided before entering the Republic of Korea (Article 2 subparag. 1 of the Refugee Act).

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