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(영문) 서울행정법원 2016.08.26 2016구단10193
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 13, 2015, the Plaintiff entered the Republic of Korea on a short-term visit (C-3) visa on March 13, 2015, and applied for refugee status to the Defendant on May 8, 2015.

B. On October 5, 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. As to this, the Plaintiff filed an objection with the Minister of Justice on November 25, 2015, but was dismissed on March 23, 2016.

[Ground of recognition] Evidence Nos. 1 through 4, Evidence Nos. 1, 2, and 4, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s father’s assertion was the head of the division called B, and as his father died, the members of the above division demanded the Plaintiff to succeed to the status of the Plaintiff’s body. The Plaintiff’s punishment was forced to succeed to the status even to the Plaintiff upon the Plaintiff’s personal attack by the local members around November 27, 2014.

In the event that the plaintiff returned to his home country, the disposition of this case which did not recognize the plaintiff as a refugee is unlawful despite the possibility of being stuffed by the above local assistance officers.

B. (1) 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 in the Republic of Korea who are unable to be protected by the country of nationality or 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 “persecution” which serves as a requirement for recognition of refugee.

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