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(영문) 서울행정법원 2018.10.04 2018구단64613
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 8, 2017 with the status of stay C-3 (short-term visit) status as a foreigner of the nationality of the Republic of ASEAN (Federia, hereinafter referred to as “ASEAN”).

B. On June 20, 2017, the Plaintiff filed an application for recognition of refugee status with the Defendant, but on February 27, 2018, 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 of persecution” as prescribed by 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 June 18, 2018, the Plaintiff appealed to the instant disposition and filed the instant lawsuit.

(A) The plaintiff did not raise an objection to the Minister of Justice). 3. [Grounds for recognition] The plaintiff did not dispute, Gap evidence Nos. 1 through 3, Eul evidence Nos. 1 through 3, and the purport of the whole pleadings.

2. The assertion and judgment

A. The plaintiff's assertion and the plaintiff's family members are those of the chronology, both of which are the chronology.

In around 2016, the plaintiff was threatened with knife from the slife of the birth from the North Slife of Magria, which was operated by the mother of the plaintiff.

In addition, the sslance from the North Korean defectors of Magria was the Plaintiff's house and murdered by the Plaintiff on February 2017. If the Plaintiff returned to his own country, it is likely that it would be threatened with life or physical freedom from the slance of the North Korean defectors of Magria if the Plaintiff returned to his own country.

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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