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(영문) 서울행정법원 2016.04.27 2015구단22625
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 22, 2013, the Plaintiff entered the Republic of Korea as a foreigner of Morocco nationality, and applied for refugee recognition to the Defendant on January 9, 2014, after entering the Republic of Korea as a visa exemption (B-1).

B. On January 8, 2015, the Defendant rendered a disposition of non-recognition of refugee status (hereinafter “instant disposition”) on the ground that the Plaintiff cannot be deemed as having a well-founded fear that he 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 February 24, 2015, the Plaintiff filed an objection with the Minister of Justice, but the said objection was dismissed on September 24, 2015.

[Ground of recognition] Each entry of Gap evidence Nos. 1, 2, Eul evidence Nos. 1, 2, 4, and 5 (including paper numbers), and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff asserted that the Plaintiff was a Islamic bridge, but, through the Internet, became interested in the Plaintiff’s scambling of the Scamlim, and eventually became a kind of dog.

In around 2011, the plaintiff's family members became aware of the plaintiff's name, and the father of the plaintiff was fluent with his father, and assaulted the plaintiff, and the male East and his father threatened the plaintiff to kill if the plaintiff does not repent again.

If the plaintiff returns to his own country, the disposition of this case which did not recognize the plaintiff as a refugee despite the possibility of being harmed by religion is unlawful.

B. (1) In full view of the provisions of subparagraph 1 of Article 2 of the Refugee Act, Article 1 of the Refugee Convention, Article 1 of the Refugee Protocol, and Article 1 of the Refugee Protocol, a foreigner in the Republic of Korea who is unable to be protected by the country of nationality or who does not want the protection of the country of nationality due to well-founded fear of persecution for reasons of race, religion, nationality, membership of a particular social group or political opinion, should be recognized as a refugee.

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