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(영문) 서울행정법원 2020.07.02 2020구단6825
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, a foreigner of Malaysia’s nationality, entered the Republic of Korea on May 31, 2017, with the status of stay for visa exemption (B-1).

B. On August 31, 2017, the Plaintiff applied for refugee status to the Defendant. However, on June 5, 2018, the Defendant rendered a decision to deny refugee status (hereinafter “instant disposition”) on the ground that the Plaintiff’s assertion would be subject to persecution as stipulated in Article 1 of the Convention on the Status of Refugees and Article 1 of the Protocol on the Status of Refugees.

C. The Plaintiff dissatisfied with the instant disposition and filed an objection with the Minister of Justice on June 28, 2018, but the Minister of Justice dismissed the Plaintiff’s objection on December 23, 2019.

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

2. Whether the instant disposition is lawful

A. The Plaintiff asserted from February 25, 2015, in his home country, that he saw a same-sex relationship. The father of the Plaintiff, who became aware of this, she slicked the Plaintiff, sleeped the Plaintiff, and sleeped the Plaintiff at home, and slicked the Plaintiff’s

In addition, the supervisor of the hotel who works with the plaintiff and the same-sexs together issued a warning that he will report the plaintiff to the police.

In the event that the plaintiff returned to his home country, the disposition of this case, which did not recognize the plaintiff as a refugee, is unlawful.

B. 1) The term “refugee” means a foreigner who is unable or does not want to be protected by the country of nationality due to well-founded fear to recognize that he/she may be harmed by race, religion, nationality, status as a member of a particular social group, or political opinion, or a stateless foreigner who, due to such fear, cannot return to, or does not want to return to, the country in which he/she resided before entering the Republic of Korea (Article 2 of the Refugee Act).

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