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(영문) 서울행정법원 2015.11.27 2015구단12536
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 10, 201, the Plaintiff entered the Republic of Korea on a short-term visit (C-3) visa on October 10, 201 as a foreigner of Kenya’s nationality, and applied for refugee status to the Defendant on May 24, 2012.

B. On May 28, 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 June 18, 2014, the Plaintiff filed an objection with the Minister of Justice, but the said objection was dismissed on April 2, 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. On January 2008, the Plaintiff’s assertion reported to the police the wife of the Seodaemun-gu (Miungki) (Miungki), an illegal violent organization of the Dacuk-gu Pream, which was thereby threatened with the Plaintiff’s murder.

If the plaintiff returned to Kenya, the disposition of this case which did not recognize the plaintiff as a refugee is unlawful despite the possibility that the plaintiff would be detrimental to Kenya's political opinion.

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

C. (1) In full view of the provisions of Article 2 subparag. 3 and Article 76-2(1) of the former Immigration Control Act (amended by Act No. 11298, Feb. 10, 2012); Article 1 of the Refugee Convention; and Article 1 of the Refugee Protocol, a foreigner in the Republic of Korea who is unable to be protected or does not want to be protected of the country of his/her nationality due to well-founded fear of persecution on the grounds of race, religion, nationality, membership of a specific social group, or political opinion should be recognized as a refugee under the Refugee Convention upon the request of the foreigner.

At this time, the term “persecution” to be received by the foreigner.

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