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(영문) 서울행정법원 2019.05.30 2019구단1787
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 February 21, 2017, with the status of stay C-3 (short-term visit) of the Republic of Mai (hereinafter “Mai”) of the Republic of Mai (hereinafter “Mai”).

B. On March 10, 2017, the Plaintiff filed an application for recognition of refugee status with the Defendant, but on March 26, 2018, 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 that there is a concern for 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. The Plaintiff dissatisfied with the instant disposition on April 6, 2018, and filed an objection with the Minister of Justice. However, the Minister of Justice dismissed the Plaintiff’s objection on the same ground as on November 29, 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 assertion is Muslim. The Plaintiff was a female-child relationship with the new female-child relationship, a female-child relationship, and became a child of the Plaintiff around 2012.

In around 2014, the Plaintiff appeared to have the Plaintiff’s parent with her child. However, the Plaintiff’s parent and her parent were threatened with murder from the Muslim society in the high village.

According to Islamic law, Muslim will be subject to administration if Muslim will get married.

If the plaintiff returns to Mariri, he/she is likely to pose a threat to his/her life or physical freedom for this reason.

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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