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(영문) 서울행정법원 2016.03.11 2015구단15627
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 July 31, 2012, the Plaintiff entered the Republic of Korea on a short-term visit (C-3) visa on July 31, 2012, and applied for refugee recognition to the Defendant on August 30, 2012.

B. On March 18, 2014, 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 May 1, 2014, the Plaintiff filed an objection with the Minister of Justice, but the said objection was dismissed on April 2, 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 Joba, who was born from Choos and was born in Choos, and was active in the direction of his father, who was a pastor. On April 15, 2012, the Plaintiff’s parent died of the Plaintiff’s terrorist as a terrorist that occurred at the church, and the Plaintiff was threatened with murder as it was the name of Bocos’ inasmuch as he was carrying out the youth father’s guidance at the church at the time.

In the event that the plaintiff returned to Austria, the disposition of this case which did not recognize the plaintiff as a refugee is unlawful despite the possibility of persecution damage from Bobane.

B. (1) In full view of the provisions of Article 2 subparag. 3 and Article 76-2(1) of the former Immigration Control Act (amended by Act No. 11298, Feb. 10, 2012), Article 1 of the Refugee Convention, and Article 1 of the Refugee Protocol, the determination does not want the protection of the country of nationality due to well-founded fear of persecution, religion, nationality, membership of a specific social group, or political opinion.

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