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(영문) 서울행정법원 2015.06.26 2015구단2195
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 January 13, 2009 with a visa for non-professional employment (E-91) on December 5, 2008, as an alien with the nationality of the Democratic Republic of the Lao (hereinafter “NE”) and obtained permission for extension of the period of stay on four occasions thereafter, and filed an application for refugee recognition with the Defendant on October 31, 2013 (on November 12, 2013) before the expiration of the period of stay on December 31, 2013.

B. On May 13, 2014, the Defendant issued a disposition for non-recognition of refugee status (hereinafter “instant disposition”) on the ground that the Plaintiff cannot be recognized as having “a well-founded fear that would be persecution” as prescribed by Article 2 subparag. 1 of the Refugee Act, Article 1 of the Convention on the Status of Refugees, and Article 1 of the Protocol Relating to the Status of Refugees.

C. On May 26, 2014, the Plaintiff filed an objection against the instant disposition with the Minister of Justice, but was dismissed on December 16, 2014.

[Reasons for Recognition] Uncontentious Facts, Gap evidence Nos. 1 through 4, Eul evidence Nos. 1 and 2 (including additional number), the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion and the Plaintiff’s family members were members of NC (Nepalilis). From September 2013, the members of the NC, an illegal organization, demanded the Plaintiff’s father, who is the regional representative of NC Party B, to contribute a donation to the Plaintiff’s father, who is the Plaintiff’s regional representative of NC Party B, and threatened the Plaintiff’s family members to capture.

In the event that the Plaintiff returns to the Republic of Korea from the Republic of Korea, it is difficult to return to the Republic of Korea due to the risk of persecution by the said organization.

(b) The definitions of terms used in this Act shall be as follows:

1. The term "refugee" means a person who is entitled to protection of his/her nationality due to fear of being well-founded to recognize that he/she may be injured for reasons of race, religion, nationality, status as a member of a specific social group, or political opinion;

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