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(영문) 서울행정법원 2016.09.07 2016구단10940
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. The Plaintiff entered the Republic of Korea on November 9, 2014 with a short-term visit (C-3) sojourn status as a foreigner of the Republic of Canada (hereinafter “C-3”), and filed an application for refugee status with the Defendant on November 18, 2014.

B. On November 3, 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. The Plaintiff appealed to the Minister of Justice on November 12, 2015, but the foregoing objection was dismissed on March 24, 2016.

[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. On April 1, 2013, the Plaintiff’s father and Sam-do-Jin were investigated into the Plaintiff’s claim for the property of the Plaintiff’s father. After the Plaintiff’s father and Sam-do-Jin became a dives, the Plaintiff’s father was killed by toxic chemicals.

Since then, the plaintiff was killed on August 15, 2013 for the same reason.

The plaintiff used the land inherited from his father to the plaintiff, and threatened the plaintiff to kill the land if he did not sell the land.

The plaintiff's three villages are the main means of murdering the plaintiff's father and her mother, and the plaintiff is also to murder.

If the plaintiff returned to Kamera for the above reasons, the disposition of this case which did not recognize the plaintiff as a refugee is unlawful despite the possibility of persecution.

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, the race, religion, nationality, membership of a particular social group or political opinion.

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