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(영문) 서울행정법원 2018.03.29 2018구단2035
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 September 14, 2015, the Plaintiff filed an application for refugee status with the Defendant on November 9, 2015, while entering the Republic of Korea as a sojourn status of the Tourism Department (B-2).

B. On June 12, 2017, the Defendant rendered a disposition not recognizing the Plaintiff as a refugee (hereinafter “instant disposition”) on the ground that the Plaintiff’s assertion does not constitute “a sufficiently-founded fear of persecution” as stipulated in the Refugee Act and the Convention on the Status of Refugees.

C. On June 21, 2017, the Plaintiff filed an objection with the Minister of Justice on June 21, 2017, but the decision dismissing the Plaintiff’s application was rendered on December 7, 2017.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence Nos. 1, 2 and 4, the purport of the whole pleadings

2. Determination on the legitimacy of the disposition

A. The summary of the Plaintiff’s assertion was revealed that the lower half of female-friendly women’s homes were pregnant at the time of the accident, and that at the time of the accident, female-friendly families were pregnant, and thus, the Plaintiff was threatened with murder from the family members of the female-friendly families.

Therefore, the defendant's disposition that did not recognize the plaintiff as a refugee is unlawful even though the possibility of gambling is high in the event that the plaintiff returned to Morocco as a refugee due to the above circumstances.

B. In order to be recognized as a refugee, in addition to the requirement that the applicant for refugee status has a well-founded fear of persecution in his or her country, the applicant has been made on the ground of “a person’s race, religion, nationality, status as a member of a particular social group or political opinion”.

The Plaintiff’s ground for the booming that “The female-friendly Gu was threatened with the family members of the female-friendly Gu on the ground that she was injured due to a traffic accident and was pregnant before her marriage.”

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