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(영문) 서울행정법원 2018.03.09 2017구단26560
난민불인정결정취소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. The details of the disposition are as follows: short-term stay visit (C-3) on May 14, 2015 on the date of entry into the Republic of Korea of the Plaintiff’s Nationality date; on July 16, 2015, the date of the application for refugee status recognition (hereinafter “instant disposition”); and on October 6, 2016, the date of the application for refugee status recognition (hereinafter “instant disposition”); the fact that there is no dispute over the grounds of recognition of the decision to dismiss the decision on April 21, 2017 as of the date of the application for objection that there is no sufficient ground for recognition of refugee status: Gap’s evidence 1, 2, Eul’s evidence 1, and 2; and the purport of the entire pleadings;

2. Whether the instant disposition is lawful

A. The plaintiff's assertion is a national of the Republic of Kenya (hereinafter referred to as "Kenya") and a vice versa.

Kenya has a wide range of terrorism, such as murder flusing to the Domination of the Muslim force.

Around 2001, the Plaintiff was raped from Muslim on the ground that it was a Maternian road. Around 2009, the Plaintiff killed the Plaintiff’s parent on the ground that he did not transfer a child born by the Plaintiff.

As such, if the Plaintiff returned to Kenya, it is likely that the Plaintiff would be sleeped from the Muslim force on the ground that it is the Kenya Island, and thus, it should be recognized as a refugee.

B. Determination 1) Article 2 Subparag. 1 of the Refugee Act defines refugee status as “a foreigner who is unable to be protected or does not want to be protected by the country of nationality due to well-founded fear to recognize that he/she may be injured on the grounds of race, religion, nationality, membership of a particular social group, or political opinion, or a foreigner who is a state of nationality unable to return to or does not want to return to the country in which he/she had resided before entering the Republic of Korea due to such fear.” In full view of the following circumstances revealed by adding up the evidence and the purport of the entire arguments as stated in Articles 3 and 5, the evidence submitted by the Plaintiff alone, namely, race, religion, nationality, and nationality.

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