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(영문) 서울행정법원 2016.04.15 2015구단18503
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 February 6, 2015, the Plaintiff entered the Republic of South Africa as a foreigner of the South Africa’s nationality (hereinafter “Nam Africa”), and applied for refugee status to the Defendant on February 12, 2015.

B. On March 4, 2015, 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 well-founded fear of persecution” as stipulated in Article 1 of the Convention on the Status of Refugees and Article 1 of the Protocol Relating to the Status of Refugees.

C. On April 27, 2015, the Plaintiff filed an objection with the Minister of Justice, but the said objection was dismissed on September 24, 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 was born in Pakistan, and on July 21, 2003, the plaintiff moved to the Republic of Korea. In 2005, the plaintiff married to the wife of the remaining public nationality and acquired the remaining public nationality in 2008.

On April 1, 2007, the Plaintiff’s wife demanded 1 million Grandland to the Plaintiff, and the Plaintiff was divorced in 2013. The Plaintiff, which became aware of the divorce, threatened the Plaintiff to assaulting the Plaintiff’s mobile phone store that the Plaintiff operated if the Plaintiff did not pay money while demanding the Plaintiff’s error in the former wife, which became aware of the divorce. On February 25, 2014, the shopping center in Manyman threatened the Plaintiff to assault and kidnapping the Plaintiff, who did not prepare money within two months.

If the Plaintiff returned to the Republic of Korea, there is a risk of persecution for the foregoing reasons, and thus, the instant disposition that did not recognize the Plaintiff as a refugee is unlawful.

B. In order to be recognized as a refugee, the requirement that the applicant for refugee status has a well-founded fear of persecution in his/her country.

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