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(영문) 서울행정법원 2018.12.13 2018구단20378
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 entered the Republic of Korea on May 20, 2017, with the status of stay C-3 (short-term visit) (short-term visit) of the Republic of Senegal (Roegal).

B. On July 20, 2017, the Plaintiff filed an application for recognition of refugee status with the Defendant, but on November 6, 2017, the Defendant rendered a disposition for recognition of refugee status (hereinafter “instant disposition”) to the Plaintiff on the ground that it is difficult to recognize “the well-founded fear that there is a risk of persecution” as stipulated in Article 1 of the Convention on the Status of Refugees (hereinafter “Refugee Convention”) and Article 1 of the Protocol on the Status of Refugees (hereinafter “Refugee Protocol”) and Article 1 of the Protocol on the Status of Refugees (hereinafter “Refugee Protocol”).

C. On December 18, 2017, the Plaintiff filed an objection against the instant disposition with the Minister of Justice, but the Minister of Justice dismissed the Plaintiff’s objection on the same ground as on September 3, 2018.

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

2. The assertion and judgment

A. Both the Plaintiff’s assertion and the Plaintiff’s family have believed Islamic intercourse. However, there was a conflict with the Plaintiff’s family while entering the Republic of Korea into the Republic of Korea.

The plaintiff's family members were able to take a bath or use violence against the plaintiff, and the plaintiff's family members still are likely to be threatened with religious reasons when the plaintiff returned to the Sejong National University, a home country.

Nevertheless, the defendant's disposition of this case which did not accept the plaintiff's application for refugee status should be revoked as it is unlawful.

B. Article 2 Subparag. 1 of the Refugee Act provides that the protection of a State of nationality shall be granted due to well-founded fear of recognizing that a person may be disadvantaged on the grounds of race, religion, nationality, status as a member of a particular social group, or political opinion.

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