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(영문) 서울행정법원 2016.07.22 2016구단7234
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 July 19, 2010, the Plaintiff: (a) entered the Republic of Korea on two occasions with the nationality of the Republic of Korea (hereinafter “NE”) and entered the Republic of Korea on two occasions; (b) entered the Republic of Korea on two occasions on February 18, 2014; and (c) filed an application for refugee status with the Defendant on May 15, 2015.

B. On July 22, 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 September 14, 2015, the Plaintiff filed an objection with the Minister of Justice on September 14, 2015, but the said objection was dismissed on December 14, 2015.

[Ground of recognition] Facts without dispute, Gap 1, 2 evidence, Eul 1 and 2 evidence, the purport of the whole pleadings

2. Whether the disposition is lawful;

A. While the Plaintiff’s assertion was working as a general member of NC (Nepa’s Council, Nepa’s Cogs Party), from around 2005, the Plaintiff was threatened with the threat of withdrawing NC from Emast (NPal-Maist) and joining Emast and paying donations.

On June 26, 2009, the staff of the Mamast Tyst will kill the plaintiff's house without paying the contribution, and threatened the plaintiff's flabing and threatening the plaintiff's flabing, and the plaintiff paid the amount of KRW 700,000 to the plaintiff.

After the plaintiff entered the Republic of Korea, Mamast threatened the plaintiff's family, and on February 14, 2014, threatened the plaintiff's father with an armed riot and would murder all of his/her family unless he/she paid his/her contribution, and the father paid 1,00 U.S. dollars to all of his/her father.

The conflict between Mamast and NC is continuing, and considering various political situations.

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