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(영문) 서울행정법원 2018.04.26 2018구단1797
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 of the nationality of the Republic of Korea (hereinafter referred to as the "Korea"), who entered the Republic of Korea on April 19, 2016, with the status of stay C-3 (short-term Visit).

B. On April 25, 2016, the Plaintiff filed an application for recognition of refugee status with the Defendant, but on March 6, 2017, 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 that there is a risk of persecution” as stipulated in 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 March 30, 2017, the Plaintiff filed an objection with the Minister of Justice against the instant disposition. However, the Minister of Justice dismissed the Plaintiff’s objection on the same ground on October 11, 2017.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 4, Eul evidence 1 to 3, and the purport of whole pleadings

2. The assertion and judgment

A. The Plaintiff’s assertion is well-known around 2012.

A man of B(B; hereinafter referred to as “B”) at the same time with Kampala was sexual intercourse with the man at the same time.

At that time, the plaintiff got a man with kisa, and the mother was also aware of the fact that the plaintiff is a same-sex.

On the other hand, the plaintiff is well-known.

At the time, the right of the church was also admitted to the human rights organization belonging to the church.

The plaintiff revealed to other persons of same-sex relationships that he/she is same-sex, and he/she is well aware.

It is difficult to inform the government of these facts.

U.S.C.

In the case of the plaintiff's return to Korea, because the same-sexs are punished or their social discrimination is becoming effective.

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