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(영문) 서울행정법원 2014.09.19 2014구합2065

난민불인정처분취소

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

Details of the disposition

On July 30, 2011, the Plaintiff entered the Republic of Korea on a short-term standing status (C-3,90 days) (C-3, 201), and applied for refugee status to the Defendant on November 23, 201, four days before the expiration of the period of stay.

On April 10, 2013, the Defendant issued a non-recognition of refugee status (hereinafter “instant disposition”) to the Plaintiff on the ground that there was no “probably-founded fear of persecution” (see Article 2 subparag. 3 of the Immigration Control Act (amended by Act No. 11298, Feb. 10, 2012); Article 1 of the Convention on the Status of Refugees; Article 1 of the Protocol on the Status of Refugees).

The Plaintiff filed an objection against the Defendant on May 16, 2013, but the Defendant dismissed it on December 23, 2013.

【In the absence of dispute, the Plaintiff’s assertion as to the legitimacy of the instant disposition and the purport of the entire pleadings, and the Plaintiff’s assertion as to whether the instant disposition were lawful, which was conducted by the police officer for about 20 years from the Hadar group. The Plaintiff called a intimidation call to kill the Plaintiff after completing the period of punishment, which was arrested by the Plaintiff.

Although the defendant did not recognize the plaintiff as a refugee in spite of the risk of murdering the plaintiff's return to Hashear, the disposition of this case is unlawful.

It shall be as shown in the attached Form of the relevant statutes.

Judgment

According to Article 2 of the Immigration Control Act and Article 1 of the Convention on the Status of Refugees, the term "refugee" means a person who has a well-founded fear of persecution for reasons of race, religion, ethnicity, membership of a specific social group, or political opinion.

However, the reason for recognizing refugee status asserted by the Plaintiff is merely that the Plaintiff is subject to intimidation from a criminal who was arrested in the past regardless of its truth, and such intimidation based on the Plaintiff’s race, religion, ethnicity, membership of a specific social group, or political opinion.