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(영문) 서울행정법원 2016.03.23 2015구단15474
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 October 6, 2013, the Plaintiff entered the Republic of Korea on a short-term visit (C-3) visa on October 6, 2013, and applied for refugee recognition to the Defendant on October 17, 2013.

B. On August 25, 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 August 29, 2014, the Plaintiff filed an objection with the Minister of Justice, but the said objection was dismissed on July 1, 2015.

[Ground of recognition] Evidence Nos. 1 through 4, Evidence Nos. 1 and 2 (including paper numbers), the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The plaintiff's assertion is gbo level of origin from Egboar (Isiugu) Egysia (Ba) Egysia (Isiugu).

As the father of the Plaintiff, who was the president of traditional religion, died on January 2012 in Esiugu, the traditional religious believers demanded the Plaintiff to succeed to the president position, and the Plaintiff refused this on the ground that the Plaintiff violated the belief as a obsugu, thereby threatening the Plaintiff to die.

If the plaintiff returned 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 from the traditional religious faith of the village.

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, the protection of the country of nationality is not possible or does 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.

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