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(영문) 서울행정법원 2016.11.29 2016구단27153
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, a national of the Kingdom of Marocco, entered the Republic of Korea as a foreigner eligible for visa exemption (B-1) on November 16, 2015, and applied for refugee status to the Defendant on December 7, 2015.

B. On January 19, 2016, the Defendant rendered a disposition that does not recognize the Plaintiff as a refugee on the ground that the Plaintiff’s assertion does not constitute “a sufficiently-founded fear of persecution” as stipulated in the Refugee Act and the Convention on the Status of Refugees (hereinafter the instant disposition was taken under the following).

C. On February 19, 2016, the Plaintiff filed an objection with the Minister of Justice on February 19, 2016, but the decision was rendered to dismiss the Plaintiff’s application on June 30, 2016.

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

2. Determination on the legitimacy of the disposition

A. On November 2007, the Plaintiff’s assertion was changed from the hydrosllim to the Silslos. Since then, the Plaintiff is subject to discrimination in legal and institutional aspects as well as due to bullying due to the price of face from those who are in a fire or the bullying suitable for the cream.

As such, the instant disposition taken on a different premise is unlawful, even though the Plaintiff was under an persecution for religious reasons in the nationality state.

(b) The definitions of terms used in this Act shall be as follows:

1. The term "refugee" means a foreigner who is unable or does not want to be protected from the country of his/her nationality due to well-founded fear that he/she may be injured on the grounds of race, religion, nationality, status as a member of a specific social group, or political opinion, or a stateless foreigner who, owing to such fear, is unable or does not want to return to the country in which he/she resided before entering the Republic of Korea (hereinafter referred to as "state of his/her nationality");

(c) judgment (1) ;

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