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(영문) 서울행정법원 2015.09.18 2015구단6197

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. On January 13, 2013, the Plaintiff entered the Republic of South Africa with the nationality of the Republic of South Africa (hereinafter “the Republic of South Africa”), and was staying in the Republic of Korea upon extension of the period of sojourn on January 13, 2013, and applied for refugee recognition to the Defendant on April 12, 2013.

B. On April 30, 2014, the Defendant rendered a disposition of non-recognition of refugee status (hereinafter “instant disposition”) on the ground that the Plaintiff’s assertion does not constitute a case of “a well-founded fear that would be subject to persecution” as a requirement of refugee under Article 1 of the Convention on the Status of Refugees and Article 1 of the Protocol Relating to the Status of Refugees.

C. On June 19, 2014, the Plaintiff filed an objection with the Minister of Justice on June 19, 2014, but the said objection was dismissed on April 2, 2015.

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

2. Details of the disposition;

A. The Plaintiff asserted that the Plaintiff participated in a demonstration between August 10, 2012 and August 16, 2012 as a union member of the mine in Mariria (Marikana), and a large number of prisoners of war and wounded on the last day of the demonstration occurred.

Since then, the executive officers of the above mine have been threatened with life by classifying the plaintiff as the main partner of the above demonstration.

Therefore, in the event that the Plaintiff returned to the Republic of Korea, the instant disposition taken on a different premise is unlawful, even though it is likely that it would be stuffed by the executives of the company for the said reason

나. 관계 법령 ▣ 구 출입국관리법(2012. 2. 10. 법률 제11298호로 개정되기 전의 것) 제2조 (정의) 이 법에서 사용하는 용어의 정의는 다음과 같다.

3. The term "refugee" means a person to whom the Refugee Convention is applied pursuant to Article 1 of the Convention on the Status of Refugees (hereinafter referred to as the "Refugee Convention") or Article 1 of the Protocol Relating to the Status of Refugees;

Article 76-2 (Recognition of Refugees)