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(영문) 서울행정법원 2015.11.27 2015구단12710
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 October 6, 2013, the Plaintiff entered the Republic of Korea on a short-term visit (C-3) visa on October 6, 2013, and applied for refugee recognition to the Defendant on October 15, 2013.

B. On July 31, 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 September 22, 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 through 3, and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff asserted that the Plaintiff resided in Egbo, Egyptian, Egyptian, and during December 2012, Boham, a Islamic armed force group, observed the Plaintiff’s arbitrary murdering of citizens. At the beginning of 2013, a large number of brus were killed and wounded due to a brupt terrorism in the church that the Plaintiff attended.

In the event that the plaintiff returned to Austria, the disposition of this case which did not recognize the plaintiff as a refugee is unlawful despite the possibility of being affected by persecution for religious reasons from Bobane.

(b) Entry in the attached Form of relevant Acts and subordinate statutes;

C. (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, the Republic of Korea is not entitled to protection of the country of nationality or does not want 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.

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