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(영문) 서울행정법원 2016.04.08 2015구단21073
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 is well-known.

A foreigner with the nationality of the Republic of Korea (hereinafter referred to as “C-3”) entered and staying in the Republic of Korea on a short-term visit (C-3) on December 25, 2013, and filed an application for refugee status with the Defendant on January 3, 2014, prior to the expiration of the period of stay ( January 24, 2014).

B. On December 10, 2014, the Defendant rendered a decision on the recognition of refugee status (hereinafter “instant disposition”) on the ground that the Plaintiff does not constitute a case of “a well-founded fear that would be detrimental to persecution” as prescribed by Article 1 of the Convention on the Status of Refugees and Article 1 of the Protocol Relating to the Status of Refugees.

[Reasons for Recognition] Unsatisfy, Gap evidence 1, 2, Eul evidence 1 and 2, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The plaintiff's assertion is favorable.

Law is strictly punished for same-sexs, and is well-known.

Same-sexs are easy to receive social discrimination and threats.

The plaintiff became aware of his or her same-sex sexual humiliation in the days that began from the monetary motive.

The plaintiff was arrested in the police on the ground that he was the same-sex, and paid the release on bail, and reported his location to the police until the judgment was made.

The plaintiff is on the ground of his status as a member of a specific social group, such as the same-sexs and members of the same-sexs organization when they return to Korea.

A refugee is highly likely to be injured by serious human rights violations, such as social discrimination, intimidation, arrest, piracy, terrorism, etc. from the government and local residents.

Nevertheless, the instant disposition made by the Defendant on a different premise is unlawful.

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

1."Refugees" means the country of nationality due to well-founded fears recognizing 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.

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