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(영문) 서울행정법원 2016.09.22 2016구단14911

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 December 19, 2014, the Plaintiff entered the Republic of Korea as a foreigner with the nationality of the Republic of South Africa, and applied for refugee recognition to the Defendant on January 5, 2015.

B. On October 26, 2015, the Defendant rendered a disposition that does not recognize the Plaintiff as a refugee on the ground that the Plaintiff’s assertion does not constitute “a sufficiently-founded fear that would be subject to persecution” as stipulated in the Refugee Act and the Convention on the Status of Refugees (hereinafter referred to as the instant disposition).

C. On November 12, 2015, the Plaintiff filed an objection with the Minister of Justice on November 12, 2015, but was rendered a final decision dismissing the Plaintiff’s application on March 23, 2016.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 3, Eul evidence 1 and 2, the purport of the whole pleadings

2. Determination on the legitimacy of the disposition

A. The Plaintiff’s parents asserted that they were killed at the time of the Plaintiff’s birth was brought up from the third degree of the Plaintiff’s punishment and the mother.

The Plaintiff’s Samsan Village threatened the Plaintiff with murdering the Plaintiff and raising human dignity if it is not accepted by forcing the Plaintiff to believe a traditional religious belief from the time when the Plaintiff was 24 years of age, as the president of the Jonesberg’s village where the Plaintiff was residing, and in fact, it threatened the Plaintiff to kill the Plaintiff and nurture the Plaintiff’s human dignity, and had the Plaintiff lose the spirit by spreading the vulnerability to the Plaintiff.

The disposition of this case, which was taken on a different premise, is unlawful, even though the Plaintiff was under an persecution for religious reasons in the nationality state as such.

(b) The definitions of terms used in this Act shall be as follows:

1. “Refugee” means a foreigner who is unable or does not wish to be protected by a State of his/her nationality due to well-founded fear of being aware that he/she may be injured on the grounds of race, religion, nationality, status as a member of a particular social group or political opinion; or