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(영문) 서울행정법원 2017.12.21 2017구단33414
난민불인정결정취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. On April 15, 2017, the Plaintiff entered the Republic of Morocco Kingdom (hereinafter referred to as “Morocco”) as a foreigner of nationality, and applied for refugee status to the Defendant on July 25, 2017, after entering the Republic of Korea as a visa exemption (B-1) status.

On August 31, 2017, the Defendant rendered a disposition of non-recognition of refugee status (hereinafter referred to as “instant disposition”) to the Plaintiff on the ground that the Plaintiff’s assertion does not constitute “a sufficiently-founded fear that it would be prejudicial to persecution” as stipulated in Article 1 of the Convention on the Status of Refugees (hereinafter referred to as “Refugee”) and Article 1 of the Protocol Relating to the Status of Refugees (hereinafter referred to as “Refugee Protocol”).

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3, Eul evidence Nos. 1 and 2, the purport of the whole pleadings

2. Whether the disposition is lawful;

A. The gist of the Plaintiff’s assertion is that the Plaintiff forced the Plaintiff’s family members, who are slickers, to live in an unslicking manner because they did not enter his/her body, while pursuing a free life, freely enjoying clothes and actions, and expressed their desire to the Plaintiff.

In the Morocco, the Morocists have been interested in the Morocology by reporting their free actions, and have been changed to the Morocco since it became the Republic of Korea.

If a person returns to Morocco, he/she is likely to be injured by his/her family or village people.

B. In full view of the provisions of Article 2 subparag. 1 and Article 18 of the former Refugee Act, Article 1 of the Refugee Convention, and Article 1 of the Refugee Protocol, foreigners who, owing to a well-founded fear of persecution for reasons of race, religion, nationality, membership of a particular social group, or political opinion, are unable or do not want the protection of the country of nationality, or who, owing to such fear, cannot return to, or does not want to return to, a country in which he/she had resided before entering the Republic of Korea, shall be recognized as a refugee, and a stateless foreigner must be recognized as a refugee.

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