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(영문) 서울행정법원 2015.11.19 2015구단13867
난민불인정결정취소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

Details of the disposition

On July 5, 2013, the Plaintiff filed an application for refugee status with the Defendant on September 16, 2013, when he/she entered the Republic of Korea as a national of the Republic of Yemen (hereinafter referred to as “mentor”) status of stay (B-2-1, and the period of stay 30 days) and stayed in the Republic of Korea.

On August 8, 2014, the Defendant rendered a disposition not to approve the Plaintiff’s application for refugee status (hereinafter “instant disposition”) on the ground that the Plaintiff’s assertion does not constitute “a sufficiently-founded fear of persecution” as stipulated in Article 1 of the Refugee Convention and Article 1 of the Refugee Protocol.

The Plaintiff filed an objection with the Minister of Justice on August 22, 2014, but the said objection was dismissed on July 1, 2015.

【The Plaintiff asserted the legitimacy of the instant disposition based on the facts without any dispute, Gap evidence 1 through 4, Eul evidence 1 through 3 (including paper numbers) and the Plaintiff’s sexual intercourse with a female-friendly Gu. The father and the sibling of the female-friendly Gu are threatening to kill the Plaintiff by knowing such fact.

In addition, the plaintiff is a hydropatha, and if the plaintiff returns to the mentor's oldest and unstable public order, it is highly likely that the plaintiff will suffer from the bruthal damage caused by the Amatha.

As such, the Defendant’s disposition that did not recognize the Plaintiff as a refugee is unlawful even if the Plaintiff’s return to mentor was highly likely to be detrimental to gambling due to the above circumstances.

Judgment

In addition to the above-mentioned facts, it is insufficient to view that there is a well-founded fear of persecution to the Plaintiff in full view of the following circumstances, which can be known when adding the description of No. 4 and the purport of the entire argument, and the Defendant’s disposition of this case is lawful since there is no evidence to acknowledge it otherwise

Women's family-friendly issues asserted by the Plaintiff are merely personal relationships or private disputes, and therefore, refugee-related laws and regulations are asserted.

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