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(영문) 서울행정법원 2018.04.25 2017구단34424
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. On October 25, 2016, the Plaintiff entered the Republic of Korea with a short-term visit (C-3, 30 days) visa on October 25, 2016, and applied for refugee status to the Defendant on November 24, 2016.

B. On February 13, 2017, the Defendant issued a disposition to recognize refugee status (hereinafter “instant disposition”) on the ground that the Plaintiff cannot be deemed as having “a well-founded fear that the Plaintiff would suffer from persecution” as stipulated in Article 1 of the Convention on the Status of Refugees (hereinafter “Refugee”) and Article 1 of the Protocol Relating to the Status of Refugees (hereinafter “Refugee Protocol”).

C. On March 10, 2017, the Plaintiff filed an objection with the Minister of Justice on March 10, 2017, but was dismissed on October 11, 2017.

[Reasons for Recognition] Unsatisfy, Gap evidence Nos. 1 through 4, Eul evidence Nos. 1 and 2, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The main point of the Plaintiff’s assertion is that the Boham, which is a Islamic armed organization, is an attack against the parasa who refuses to repent into Islamic intercourse.

On May 25, 2016, the Plaintiff’s mother, a already died as a bomb terrorism in the opposite place of the sexual party located in Mauguri (MAuguri).

Plaintiff

In addition, in the event that a person returns to gynasia as an gynasian, it is highly likely that he will be stuffed from gynasis for the foregoing reasons.

Therefore, the defendant's disposition of this case which did not recognize the plaintiff as a refugee is unlawful.

B. In full view of the provisions of Article 2 subparag. 1 and Article 18 of the Refugee Act, Article 1 of the Refugee Convention, and Article 1 of the Refugee Protocol, foreigners who are unable to obtain protection of the country of nationality or do not want the protection of the country of nationality due to well-founded fear of being injured on the grounds of race, religion, nationality, membership of a particular social group or political opinion, or by such fear.

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