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(영문) 서울행정법원 2018.11.15 2018구단16034
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 June 13, 2016, as a foreigner of the nationality of the other Kingdom of other countries (hereinafter “Tailand”).

B. On August 26, 2016, the Plaintiff filed an application for recognition of refugee status with the Defendant, but on October 20, 2016, 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 “profuges that there are sufficient grounds for fear 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.

C. On November 22, 2016, the Plaintiff filed an objection with the Minister of Justice against the instant disposition. However, the Minister of Justice dismissed the Plaintiff’s objection on the same ground as on June 12, 2018.

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

2. The assertion and judgment

A. The Plaintiff’s assertion that the Plaintiff’s home was believed to be Blue in Thailand. However, around March 2013, the Plaintiff married with Turkey’s husband, who was a Islamic son of Turkey’s nationality, and changed into Islamic son around that time.

The parent of the plaintiff not only opposed to the plaintiff's marriage, but also the plaintiff's husband's refusal for religious reasons, so it is difficult in Thailand no longer in Thailand, and the plaintiff's husband suffers various discrimination against Turkey as a minority national coodar in Turkey, so it has become difficult to leave the Republic of Korea.

Nevertheless, the disposition of this case which rejected 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 a person who is a refugee is a race, religion, nationality, and a particular social group.

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