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(영문) 서울행정법원 2015.10.23 2015구단6920
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 May 12, 2013, the Plaintiff entered the Republic of Korea on a short-term visit (C-3 and 90 days of stay) visa on May 12, 2013, and applied for refugee status to the Defendant on May 28, 2013.

B. On March 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 April 28, 2014, the Plaintiff filed an objection with the Minister of Justice, but the said objection was dismissed on April 2, 2015.

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

2. Whether the instant disposition is lawful

A. The plaintiff's assertion is believed to believe that the plaintiff's father was a Egbo, and the plaintiff's father died, and requested that the memorials of Anagbama (Alagba) whose father was the president to succeed to the status of the president to the plaintiff, and the plaintiff's refusal thereby led to threat, such as hijackinging the plaintiff.

Therefore, the defendant's disposition that did not recognize the plaintiff as a refugee was unlawful despite the possibility that the plaintiff's refusal to succeed to the status of the president in the case of the plaintiff's return to his home country would result in persecution.

(b) Entry in the attached Form of relevant Acts and subordinate statutes;

C. (1) In full view of the provisions of Article 2 subparag. 3 and Article 76-2(1) of the former Immigration Control Act (amended by Act No. 11298, Feb. 10, 2012), Article 1 of the Refugee Convention, and Article 1 of the Refugee Protocol, the determination is that the country of nationality is unable to be protected due to well-founded fear of persecution for reasons of race, religion, nationality, membership of a particular social group, or political opinion, or that there is a sufficient fear of persecution.

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