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(영문) 서울행정법원 2018.04.11 2017구단79854
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 is well-known.

A national, who entered the Republic of Korea on September 10, 2016, filed an application for recognition of refugee status with the defendant on September 26, 2016.

B. On October 12, 2016, the Defendant rendered a disposition of non-recognition of refugee status (hereinafter “instant disposition”) to the Plaintiff on the ground that the Plaintiff’s assertion does not constitute “a sufficiently-founded fear that she would suffer from persecution” as stipulated in Article 1 of the Convention on the Status of Refugees (hereinafter “Refugee Convention”) and Article 1 of the Protocol Relating to the Status of Refugees (hereinafter “Refugee Protocol”).

C. The Plaintiff filed an objection with the Minister of Justice on November 10, 2016, but was dismissed on April 21, 2017.

[Reasons for Recognition] Unsatisfy, Gap evidence Nos. 1, 2, 3, Eul evidence Nos. 2 and 4, the purport of whole pleadings

2. Whether the instant disposition is lawful

A. The plaintiff's assertion is well-known.

It was threatened by the village people for the same-sexing reason.

U.S.C.

In this regard, the majority of people have a reflection on the same-sexs, and the government also maintains a position to punish the same-sexs.

If you return to Korea, it is highly likely that the government or members of the local community will be affected by the same-sex marriage.

Therefore, even though the Plaintiff’s status as a member of a specific social group constitutes a refugee suffering from persecution, the instant disposition taken on a different premise is unlawful.

B. In full view of the provisions of Article 1 and Article 2 subparag. 1 of the Refugee Act, Article 1 of the Refugee Convention, and Article 1 of the Refugee Protocol, the Minister of Justice is unable to return to a foreigner who, owing to well-founded fear of being harmed by reasons of race, religion, nationality, membership of a particular social group or political opinion, is unable or does not want the protection of the country of nationality, or to a country in which he had resided before entering the Republic of Korea due to such fear.

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