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(영문) 서울행정법원 2015.10.16 2015구단8988
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 September 29, 2004, the Plaintiff entered the Republic of Korea with a visa for religion (D-6) on the basis of ASEAN nationality, and obtained an extension of the period of stay for four times thereafter (the expiration of the period of stay on March 12, 2012), and filed an application for refugee recognition to the Defendant on March 9, 2012.

B. On March 4, 2014, the Defendant, on the ground that the Plaintiff cannot be deemed to have a “ sufficiently-founded fear that the Plaintiff would be subject to persecution” as stipulated in Article 1 of the Convention on the Status of Refugees (hereinafter “Refugee Convention”) and Article 1 of the Protocol Relating to the Status of Refugees (hereinafter “Refugee Protocol”). The Defendant’s disposition of non-recognition of refugee status (hereinafter “instant disposition”) is “instant disposition.”

C) On April 23, 2014, the Plaintiff filed an objection with the Minister of Justice on April 23, 2014, but the said objection was dismissed on April 2, 2015. [The Plaintiff’s entries in Gap’s 1 through 4, Eul’s 1, and Eul’s 1, and 2, and the purport of the entire pleadings.]

2. Whether the instant disposition is lawful

A. The Plaintiff asserted that the Plaintiff had been active as a reader in 2004, and had been active as a teacher from around 2004. On August 12, 2006, the Plaintiff was subject to non-discriminatory assault from those who appear to be the Islamic armed forces during the course of towing in a church, and suffered violence during 2011.

If the plaintiff returns to his own country, 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 Islamic stimulism for reasons of religion, etc.

(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, the determination is made due to a well-founded fear of persecution for reasons of race, religion, nationality, membership of a specific social group, or political opinion.

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