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(영문) 서울행정법원 2016.09.07 2016구단7807
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. The Plaintiff entered the Republic of Korea on June 15, 2010 under the status of non-professional employment (E-9) (E-9) as a foreigner with the nationality of the Republic of Korea of the Lao Union (hereinafter “NE”) and filed an application for refugee status with the Defendant on January 7, 2016.

B. On February 2, 2016, the Defendant rendered a disposition of non-recognition of 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” under 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”).

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

2. Whether the disposition is lawful;

A. Family members, including the Plaintiff’s father and father, were threatened by MJAF (Mademsi Janna Fordar), or MJM (Sayukta Jya Muya Makti Mora) for a long time, by engaging in legitimate activities for a long period of time CPN-UUL.

Even if the plaintiff is in the Republic of Korea, the above political parties are forced to make donations to their families, and are politically coercing the plaintiff to expand their organization.

In the event that the Plaintiff returned to the Republic of Korea, the instant disposition that the Plaintiff did not recognize as a refugee despite the risk of persecution for such political reasons 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 Convention, and Article 1 of the Refugee Protocol, foreigners who, owing to 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 of the country of nationality or do not want to be protected of the country of nationality, or who, due to such fear, has resided in the country of nationality before entering the Republic of Korea.

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