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(영문) 서울행정법원 2019.02.13 2018구단18252
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 May 20, 2017, the Plaintiff entered Korea on May 20, 2017, and filed an application for refugee status with the Defendant on July 3, 2017.

B. On September 15, 2017, the Defendant rendered a disposition of non-recognition of refugee status (hereinafter “instant disposition”) to the Plaintiff on the ground that it is difficult to recognize “sufficiently based fear of 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 October 13, 2017, the Plaintiff filed an objection with the Minister of Justice, but was dismissed on June 12, 2018.

[Reasons for Recognition] Unsatisfy, Gap evidence Nos. 1, 2, 3, Eul evidence Nos. 1 and 2, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. On March 2, 2017, the Plaintiff, the main month of the Plaintiff’s assertion, was Wolf, and the Plaintiff tried to marry for a period of seven years with a limited lue lue women’s family members, and against the marriage on March 2, 2017, on the grounds that the family members of the women’s father-child group are different from that of the clan.

In this regard, women-friendly Gu was pregnant, and her families became aware of the fact on April 12, 2017.

Since then, women's fluor is harming the plaintiff, such as threatening the plaintiff to kill.

Therefore, it is likely that the plaintiff would suffer from gambling in the event that the plaintiff returns to the Senegal.

B. In full view of the provisions of Article 2 subparag. 1 and Article 18 of the Refugee Act, Article 1 of the Refugee Convention, and Article 1 of the Refugee Protocol, “Refugee” refers to a foreigner who is unable or does not want to be protected by the country of nationality due to well-founded fear of being recognized that he/she may be detrimental to the country of nationality on the grounds of race, religion, nationality, membership of a particular social group, or political opinion, or by such fear.

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