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(영문) 서울행정법원 2016.01.29 2015구단18312
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 21, 2009, the Plaintiff entered the Republic of Korea as a foreigner of the Federal Democratic Republic (hereinafter “NE-9”)’s nationality, and was staying in the Republic of Korea for extension of the period of stay on July 16, 2014, and applied for refugee status to the Defendant on May 16, 2014.

B. On November 6, 2014, the Defendant rendered a disposition of non-recognition of refugee status (hereinafter “instant disposition”) on the ground that the Plaintiff’s assertion does not constitute a case of “a well-founded fear that would be prejudicial to persecution” as a requirement of refugee under Article 1 of the Convention on the Status of Refugees and Article 1 of the Protocol Relating to the Status of Refugees.

C. The Plaintiff appealed to the Minister of Justice on November 10, 2014, but the foregoing objection was dismissed on September 24, 2015.

[Reasons for Recognition] Unsatisfy, Gap evidence 1, 2, Eul evidence 1 and 2, the purport of the whole pleadings

2. Whether the disposition is lawful;

A. The Plaintiff’s argument masts continued to force the Plaintiff to join the organization and pay donations, and on the grounds that the Plaintiff refused to do so, the Plaintiff sought the Plaintiff’s house and suffered injury by using violence against the Plaintiff and the Plaintiff’s punishment.

The plaintiff was forced to make a contribution of 10,000 square meters around 206, and 120,000 square meters around 2012.

Since the plaintiff was in the Republic of Korea, marinas demand money from the plaintiff's family members and threaten the plaintiff to capture the plaintiff's children if they do not take such demand.

Therefore, in the event that the Plaintiff returned to the Republic of Korea, the instant disposition taken on a different premise is unlawful, even though it is likely that masts might suffer from masts due to the Plaintiff’s refusal of joining the organization and payment of donations.

나. 관계 법령 ▣ 난민법 제2조 (정의) 이 법에서 사용하는 용어의 정의는 다음과 같다.

1. The term "refugee";

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