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(영문) 서울행정법원 2016.11.09 2016구단18463

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 April 11, 2015, the Plaintiff entered the Republic of Korea on a short-term visit (C-3) visa on April 11, 2015, and applied for refugee recognition to the Defendant on April 28, 2015.

B. On October 21, 2015, the Defendant issued a disposition of non-recognition of refugee status (hereinafter “instant disposition”) on the ground that the Plaintiff cannot be deemed as having “a well-founded fear that the Plaintiff would suffer from persecution” as stipulated in Article 1 of the Convention on the Status of Refugees (hereinafter “Refugee”) and Article 1 of the Protocol Relating to the Status of Refugees (hereinafter “Refugee Protocol”).

C. On November 5, 2015, the Plaintiff filed an objection with the Minister of Justice, but the said objection was dismissed on March 23, 2016.

[Ground of recognition] Evidence Nos. 1 through 4, Evidence Nos. 1, 2, 4, and 5, and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. Both the Plaintiff’s assertion and the Plaintiff’s family members were sleeped, and the Plaintiff, who was studying in the Philippines, was married to sleep school around August 2014.

The father of the plaintiff, who became aware of the opening of the plaintiff, threatened the plaintiff to die without returning to Nanaria, and suspended the plaintiff's school expenses and support for living expenses without hearing the horses.

Despite the possibility of religious gambling on the ground that the Plaintiff, when the Plaintiff returned to his own country, might be detrimental to a religion on the ground that the instant disposition made by the Defendant on a different premise is unlawful.

B. In full view of the provisions of Article 2 subparag. 1 and Article 18 of the Refugee Act, Article 1 of the Refugee Convention, and Article 1 of the Refugee Protocol, a foreigner in the Republic of Korea who is unable to be protected by the country of nationality or who does not want the protection of the country of nationality due to well-founded fear of persecution for reasons of race, religion, nationality, membership of a particular social group, or political opinion, must be recognized as a refugee and recognized as a refugee.