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(영문) 서울행정법원 2018.12.06 2018구단18719
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 November 14, 2015 as a foreigner of the nationality of the Russian Feder (hereinafter “Russian”) of the Russian Federation (hereinafter “Russian”), with the status of stay B-1 (Visa exemption).

B. On November 23, 2016, the Plaintiff filed an application for recognition of refugee status with the Defendant, but the Defendant, on December 26, 2017, issued a disposition for recognition of refugee status (hereinafter “instant disposition”) to the Plaintiff on the ground that it is difficult to recognize the “probiated fear of persecution” as stipulated in 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 1967”) and Article 1 of the Refugee Protocol on the Status of Refugees.

C. The Plaintiff dissatisfied with the instant disposition on January 3, 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 September 3, 2018.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence Nos. 1, 3 and 4, and the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff asserted from around 2013 that the Plaintiff started to come to the school system with a male who was B.

The male-gu was influence, but forced the plaintiff to use it, and the other male was fluoring that the plaintiff should be replaced by the plaintiff, and it was difficult to exercise violence against the plaintiff.

In addition, his male-gu also demanded the Plaintiff, who is the believers of the Chago Association, to open the school to Islamic school.

The plaintiff rejected the demand for the opening of a male-parent family, rejected the marriage, and suspended the teaching system around August 2015.

However, even after his male-gu, he found the plaintiff and exercised serious violence.

If the plaintiff returns to Russia, he/she is still likely to be threatened with the plaintiff's life or physical freedom from his/her former male father-gu.

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