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(영문) 서울행정법원 2016.08.12 2016구단8930

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 June 29, 2014, the Plaintiff entered the Republic of Korea on a short-term visit (C-3) visa on a short-term basis as a foreigner of ASEAN nationality, and applied for refugee recognition to the Defendant on July 14, 2014.

B. On November 11, 2015, the Defendant issued a disposition to recognize 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. As to this, the Plaintiff filed an objection with the Minister of Justice on December 14, 2015, but was dismissed on March 24, 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 assertion was born in Naba B in Naba, and around August 2012, 2012, the mother died, and resided in a place where her father’s high-speed Boban (Borno), and around September 2012, the Plaintiff’s family was killed due to terrorism in Boba, and was threatened with Bobane for two years thereafter.

The plaintiff, a paradoxianian, experienced a risk of harm to life and body in the terrorist terrorism, and the disposition of this case which did not recognize the plaintiff as a refugee despite the risk of harm to be persecution when the plaintiff returns home due to his own country.

B. (1) In full view of the provisions of subparagraph 1 of Article 2 of the Refugee Act, Article 1 of the Refugee Convention, Article 1 of the Refugee Protocol, and Article 1 of the Refugee Protocol, the State of nationality is unable to be protected due to well-founded fear of persecution for reasons of race, religion, nationality, membership of a particular social group or political opinion, or want to protect the State of nationality.