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(영문) 서울행정법원 2017.04.19 2016구단34755
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 December 14, 2015, the Plaintiff entered Korea on December 14, 2015, and applied for refugee status to the Defendant on December 28, 2015.

B. On January 15, 2016, the Defendant rendered a disposition of non-recognition of refugee status (hereinafter “instant disposition”) to the Plaintiff on the ground that the Plaintiff cannot be deemed as having “a sufficiently-founded fear of persecution” as stipulated in Article 1 of the Convention on the Status of Refugees and Article 1 of the Protocol on the Status of Refugees.

C. As to this, the Plaintiff filed an objection with the Minister of Justice on February 12, 2016, but was dismissed on October 27, 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 main point of the Plaintiff’s assertion was the traditional religious secret organization, which is the Plaintiff’s father and the third degree of relationship with the Plaintiff’s father, belonging to the MOumbbs. However, when the Plaintiff’s father died, the Plaintiff’s father forced the Plaintiff to take the her father’s seat.

As the plaintiff, the laumbbs refused this, the plaintiff's mother was killed as the main beverage and the plaintiff also tried to kill.

Therefore, in the event that the plaintiff returns to his own country, the disposition of this case which did not recognize the plaintiff as a refugee is unlawful even though there is a risk of being killed from the persons belonging to the Omenbbbbs.

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 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, must be recognized as a refugee, and is a requirement for recognition of refugee.

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