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(영문) 서울행정법원 2016.04.08 2015구단20117
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 September 18, 2014, the Plaintiff filed an application for refugee status with the Defendant on October 17, 2014, prior to the expiration date ( October 18, 2014), when entering the Republic of Korea for short-term visits (C-3) and staying there.

B. On May 6, 2015, the Defendant rendered a decision not to recognize refugee status (hereinafter “instant disposition”) on the ground that the Plaintiff does not constitute a case where there is a well-founded fear that the Plaintiff would be subject to persecution as a refugee under Article 1 of the Convention on the Status of Refugees and Article 1 of the Protocol Relating to the Status of Refugees.

[Reasons for Recognition] Unsatisfy, Gap evidence 1, 2, Eul evidence 1 and 2, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The father of the Plaintiff’s assertion was affiliated with the Gun to perform his duties in charge of investigation and enforcement of criminal cases related to public security, and during which the Plaintiff’s father was sentenced to death penalty, he was in charge of the execution of the sentence of Madia.

In order to prevent the death penalty, the above member sent a warning to the authorities that the organization would not enforce the sentence, and would be a retaliation against the enforcement officer when executing the sentence.

When the father of the plaintiff performed his duties without digging the father, the above organization began to threaten the father and the family of the plaintiff.

In around 2012, the above assistant members had been sweet the Plaintiff’s father who was at his own home and had the Plaintiff sweet his body in the city of Sweet around 2013, and had the Plaintiff sweet his body in the city of Sweon and had the Plaintiff sweet his body in the city of Sweon and threatened the Plaintiff’s father to die after the Plaintiff escaped.

The police did not actively resolve it even after receiving a report by the police, and the plaintiff was faced with a threat of concealment in the continued gambling and then was sent to the Republic of Korea.

Therefore, the plaintiff is from the organization of smuggling when returning to Korea.

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