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(영문) 서울행정법원 2016.09.30 2016구단18517

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 28, 2014, the Plaintiff entered the Republic of Chicago (hereinafter “C-3”) with a foreigner of his/her nationality, and applied for refugee status to the Defendant on April 24, 2014 after entering the Republic of Korea for short-term visits (C-3).

B. On November 30, 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 December 28, 2015, the Plaintiff filed an objection with the Minister of Justice on December 28, 2015, but the said objection was dismissed on May 31, 2016.

[Ground of recognition] Facts without dispute, Gap 3, 4 evidence, Eul 1 and 2 evidence, the purport of the whole pleadings

2. Whether the disposition is lawful;

A. The Plaintiff’s satisfaction of the high-speed village, the Plaintiff’s father, who was the organization of the local body structure Muanum, tried to see the Plaintiff as a sacrifice of traditional consciousness.

Therefore, the disposition of this case, which did not recognize the plaintiff as a refugee, is unlawful even though the plaintiff could be stuffed for the above reasons when the plaintiff returned to Kamera.

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, foreigners who, owing to a well-founded fear of being injured on the grounds of race, religion, nationality, membership of a particular social group, or political opinion, are unable to be protected by the country of nationality or who, owing to such fear, do not want to be protected by the country of nationality, or a state of nationality who, owing to such fear, was unable to return to or does not want to return to the country of nationality, should be recognized as a refugee, and “persecution” which is the requirement for recognition of a refugee is life and body.