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(영문) 서울행정법원 2018.11.15 2018구단68455
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 entered the Republic of Korea on March 6, 2013, as a foreigner with the nationality of the Republic of Mameron (hereinafter “Mameron”) of the Republic of Mameron (hereinafter “Mameron”), with the stay status D-4 (General Training).

B. On May 25, 2017, the Plaintiff filed an application for recognition of refugee status with the Defendant, but on June 20, 2017, the Defendant rendered a disposition for recognition of refugee status (hereinafter “instant disposition”) to the Plaintiff on the ground that it is difficult to recognize “the well-founded fear of persecution” as prescribed by Article 1 of the Convention on the Status of Refugees (hereinafter “Refugee Convention”) and Article 1 of the Protocol on the Status of Refugees (hereinafter “Refugee Protocol”) and Article 1 of the Protocol on the Status of Refugees (hereinafter “Refugee Protocol”).

C. On July 27, 2017, the Plaintiff filed an objection with the Minister of Justice against the instant disposition. However, the Minister of Justice dismissed the Plaintiff’s objection on the same ground on March 21, 2018.

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

2. The assertion and judgment

A. The Plaintiff’s husband, who is the Plaintiff’s husband, has joined the “C” organization claiming the separation of English-use areas.

The Memeral government discriminates against the residents of the English area using the English language, and regulates the organizations claiming the separation of the area using the English language independently, and if the husband of the plaintiff returns to Memeral, it is likely to be threatened with life or physical freedom.

Therefore, the status of the Plaintiff’s husband should be recognized, and the Plaintiff, the spouse, should be recognized in accordance with the family-combined principle.

Nevertheless, the defendant's disposition of this case which did not accept the plaintiff's application for refugee status should be revoked as it is unlawful.

B. Article 2 Subparag. 1 of the Refugee Act is determined.

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