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(영문) 서울행정법원 2018.05.25 2018구단58342
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, who is a KIKOSistan nationality, entered the Republic of Korea on September 5, 2007 as a short-term visit (C-3) sojourn status.

B. On February 23, 2015, the Plaintiff filed an application for refugee status with the Defendant on the ground that “I would have a high possibility of persecution because I would go to the Islamic Republic of Korea.” However, on June 23, 2015, the Defendant rendered a disposition to deny refugee status against the Plaintiff on the ground that the Plaintiff cannot be deemed to have a “sufficient fear of persecution.”

On October 6, 2016, the Seoul Administrative Court filed a lawsuit seeking the cancellation of the above refugee non-recognition disposition under the Seoul Administrative Court 2016-Gu 20299, but the above court rendered a judgment dismissing the Plaintiff’s claim, and the above judgment became final and conclusive as it is.

C. On April 24, 2017, the Plaintiff filed an application for refugee status again for the same reason with the Defendant on June 2, 2017. On June 2, 2017, the Defendant rendered a decision to deny refugee status (hereinafter “instant disposition”) on the ground that the Plaintiff’s assertion does not constitute a case of “a well-founded fear that would be subject to persecution” as stipulated under Article 1 of the Convention on the Status of Refugees and Article 1 of the Protocol Relating to the Status of Refugees.

The Plaintiff filed an objection with the Minister of Justice on July 21, 2017, but the said objection was dismissed on March 21, 2018.

[Basis] Facts without dispute, Gap 1, 2, Eul 1, 2, Eul 1, 2, 7, 8, 9 and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The plaintiff's assertion is unlawful in the disposition of this case by the defendant who did not recognize the plaintiff as a refugee even though it is highly likely that the plaintiff would be stuffed when he returns to the country of nationality because the plaintiff was married to Islamic schools.

B. Determination 1 provides that “Refugees” may be persecutioned on grounds of race, religion, nationality, status as a member of a specific social group or political opinion.

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