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(영문) 서울행정법원 2018.05.16 2018구단5195
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.

On July 23, 2015, as a foreigner of the Republic of Korea (hereinafter referred to as "Mada") nationality, the Defendant filed an application for refugee status with the Defendant.

B. On April 3, 2017, the Defendant rendered a decision on the refusal of refugee status on the ground that the “ sufficiently based fear that the Plaintiff would be subject to persecution” stipulated in Article 1 of the Convention on the Status of Refugees and Article 1 of the Protocol on the Status of Refugees cannot be recognized as the requirement of refugee status.

(hereinafter “instant disposition”). C.

The Plaintiff filed an objection with the Minister of Justice on April 24, 2017, but the Minister of Justice dismissed the objection on October 11, 2017.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, 3, Eul evidence 1 to 5, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s father’s assertion is honorary.

From January 2, 1986, he served as a professional soldier before he was affiliated with B, and the new government of the authority to collect was the father and the plaintiff on the ground that the father of the plaintiff served as a soldier in the previous government.

In other words, the father of the plaintiff was arrested by the leader of May 2001 and went missing, and the plaintiff was arrested by the person who was not aware of the body of the plaintiff in March 201 and received adviser. The plaintiff was left behind such a series of cases.

There is a government.

The plaintiff is U.S.

188 10 10 10 12

Since it is clear that the father of the government has served as a soldier in the previous government, the plaintiff should be recognized as a refugee.

B. “persecution” that serves as a requirement for recognition of refugee status 1 refers to “an act causing serious infringement or discrimination against essential human dignity, including threats to life, body, or freedom.” A foreigner applying for recognition of refugee status bears the burden of proving that such persecution is “a sufficient well-founded fear.”

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