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(영문) 서울행정법원 2016.09.30 2016구단14423

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 October 12, 2015, the Plaintiff entered the Republic of Korea on a short-term visit (C-3) visa on October 12, 2015, and applied for refugee status to the Defendant on October 19, 2015.

B. On November 11, 2015, the Defendant rendered a disposition to recognize refugee status (hereinafter “instant disposition”) against the Plaintiff on the ground that the Plaintiff cannot be deemed as having “a sufficiently-founded fear of persecution” as stipulated in Article 1 of the Convention on the Status of Refugees and Article 1 of the Protocol Relating to the Status of Refugees.

C. As to this, the Plaintiff filed an objection with the Minister of Justice on December 10, 2015, but was dismissed on March 23, 2016.

[Ground of recognition] Evidence Nos. 1 through 4, Evidence Nos. 1 and 2, and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s mother and 20 women of high-speed villages were killed by Eiguro-gu (Umara Isiungwu) village residents who claim ownership of the above land during the Plaintiff’s farming work on the land owned by the Plaintiff’s father, and the Plaintiff’s high-speed village head and the Plaintiff were ordered to gather young people for multiple occasions and become the representative of the Plaintiff. However, the Plaintiff refused murder as a parasidocian, because it was impossible for the Plaintiff to do so.

Soar villagers threatened the plaintiff due to the plaintiff's house, kis and kis, etc., and thereafter, the plaintiff was found and threatened with his/her escape.

In the event that the plaintiff returns to his home country, the disposition of this case which did not recognize the plaintiff as a refugee is unlawful, despite the possibility of persecution from the persons who have native villages for the above reasons.

(b)in order to be recognized as a refugee, in addition to the requirement that the applicant for refugee status has a well-founded fear of persecution in his own country, the race, religion, nationality;