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(영문) 서울행정법원 2016.03.23 2015구단17388
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 November 8, 2013, the Plaintiff entered the Republic of Korea with a visa of the Tourism Department (B-2) as a foreigner of the nationality of the mentmen, and applied for refugee status to the Defendant on November 18, 2013.

B. On July 22, 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 11, 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, and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The plaintiff's assertion is a hydropatha.

On October 20, 2013, the plaintiff's private village B killed two persons and injured three persons in Islamic members located in Sana (Sana) from Sana on October 20, 2013.

Since then, I tried to kill the plaintiff who was on the spot, and the plaintiff's dynamic was also killed by the arche on the day of the death.

In the event that the plaintiff returned to mentor, 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 Ampha Muslim.

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, 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 refugee and recognized as refugee.

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