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(영문) 서울행정법원 2016.06.22 2016구단3607
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 24, 2011, the Plaintiff entered the Republic of Korea with the status of non-professional employment (E-9) status as a foreigner of four arms nationality, and applied for refugee status to the Defendant on February 13, 2015.

B. On July 9, 2015, the Defendant rendered a disposition of non-recognition of refugee status (hereinafter “instant disposition”) on the ground that the Plaintiff cannot be deemed as having a well-founded fear that he 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 12, 2015, the Plaintiff filed an objection with the Minister of Justice, but the said objection was dismissed on December 14, 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 asserted from around 2007, as an applicant for Rtriya Prajatship (hereinafter “RP”), was threatened with the Plaintiff’s participation in its organization and payment of donations from the MP party members. On January 1, 2010, the Plaintiff was subject to assault from 10 MP party members while returning to the RP meeting on January 1, 201.

As such, the instant disposition that the Plaintiff did not recognize the Plaintiff as a refugee despite the risk of persecution from a marina organization when the Plaintiff returned to its home country was unlawful.

B. (1) In full view of the provisions of subparagraph 1 of Article 2 of the Refugee Act, Article 1 of the Refugee Convention, Article 1 of the Refugee Protocol, 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 who 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 shall be recognized as a refugee.

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