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(영문) 서울행정법원 2016.11.09 2016구단20428
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 4, 2015, the Plaintiff entered the Republic of Korea on a short-term visit (C-3) visa on March 4, 2015, and applied for refugee status to the Defendant on March 11, 2015.

B. On December 9, 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 January 11, 2016, the Plaintiff filed an objection with the Minister of Justice, but the said objection was dismissed on May 31, 2016.

[Ground of recognition] Evidence Nos. 1 through 4, Evidence Nos. 1 through 3, and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s father’s assertion was considered to have rejected the Plaintiff’s request from the local unit called Ogboni Confradity as the Plaintiff’s father as the Plaintiff’s vice school. The Plaintiff also was threatened on the ground that the Plaintiff was not a member of the above local unit since 2007, who graduated from the university.

When the plaintiff returns to his own country, the disposition of this case, which did not recognize the plaintiff as a refugee, is unlawful, despite the possibility that the plaintiff might be stuffed by the above local assistance officers.

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, a foreigner in the Republic of Korea who is unable to be protected by the country of nationality or who does not want to be protected by the country of nationality due to well-founded fear of being injured on the grounds of race, religion, nationality, membership of a particular social group, or political opinion, should be recognized as a refugee, and “persecution” which is the requirement for recognition of refugee status is against life, body or freedom.

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