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(영문) 서울행정법원 2018.08.14 2018구단63443
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 March 16, 2017, the Plaintiff entered the Republic of Korea with the visa exemption (B-1) status on March 16, 2017, and applied for refugee status to the Defendant on September 7, 2017.

B. On April 2, 2018, the Defendant rendered a decision on refugee status refusal (hereinafter “instant disposition”) against the Plaintiff on the ground that the Plaintiff’s assertion does not constitute a case of “a well-founded fear that would be subject to persecution” 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”).

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

2. Whether the instant disposition is lawful

A. On March 7, 2017, the Plaintiff’s assertion that the Plaintiff’s fighting match between the Plaintiff and his parents had been laid back as the house where the Plaintiff and his parents live. On the following day, the Plaintiff’s fighting had been set up between his her son and his son’s house, and the Plaintiff’s fighting was set up between his son and her son’s family. At the time, the fighting between the Plaintiff’s fighting was killed, and the scams and the scams of the scams of the Plaintiff’s additional scams were set up in line with the Plaintiff’s scam.

As a result, the plaintiff's father and she were detained, and the family members of each type intend to kill the plaintiff for multiple occasions.

In the event that the plaintiff returned to a country of nationality, the disposition of this case which did not recognize the plaintiff as a refugee despite the possibility of persecution in the above circumstances is unlawful.

B. In full view of the provisions of Article 2 subparag. 1 of the Refugee Act, Article 1 of the Refugee Convention, and Article 1 of the Refugee Protocol, the protection of nationality countries cannot be protected due to well-founded fear of persecution for reasons of race, religion, nationality, membership of a particular social group or political opinion or political opinion.

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