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(영문) 서울행정법원 2016.04.27 2015구단21790

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 March 30, 2014, the Plaintiff entered the Republic of Korea on a short-term visit (C-3) visa on March 30, 2014, and applied for refugee recognition to the Defendant on April 3, 2014.

B. On January 15, 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. On February 24, 2015, the Plaintiff filed an objection with the Minister of Justice, but the said objection was dismissed on September 24, 2015.

[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 is the plaintiff's assertion that the plaintiff is a vice-satisian from the Abane region.

On October 22, 2012, the Zinia armed forces are threatening to the Zinsia, such as the Plaintiff's village development, murdering the village residents, including the Plaintiff's parents and persons, and promising to kill all the zins even after the death of all the zins.

In the event that the plaintiff returns to Austria, even though there was a risk of stuffing on the ground that the plaintiff is a gyeast, the disposition of this case which did not recognize the plaintiff as a refugee is unlawful.

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, foreigners in the Republic of Korea who are unable to be protected by the country of nationality or who do 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, should be recognized as a refugee and shall serve as a requirement for recognition of refugee.