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(영문) 서울행정법원 2016.09.30 2016구단57956
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 March 31, 2014 with a short-term visit (C-3) sojourn status as a foreigner of the Republic of Chicago (hereinafter “C-3”), and applied for refugee status to the Defendant on April 17, 2014.

B. On November 9, 2015, the Defendant rendered a disposition of non-recognition of 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 December 7, 2015, the Plaintiff filed an objection with the Minister of Justice on December 7, 2015, but the said 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. After the Plaintiff’s father’s assertion died, the Plaintiff’s third village was considered to threaten the Plaintiff’s family by searching for the Plaintiff’s father’s miscarriage and then died of the Plaintiff’s family.

The plaintiff continued the threat and resistance of the third village, and therefore, he could not live in the merculation, so he was able to leave the merculation.

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. 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, foreigners who, owing to well-founded fear of being injured on the grounds of race, religion, nationality, membership of a particular social group or political opinion, are unable to be protected of the country of nationality or who do not want the protection of the country of nationality, or who, owing to such fear, resided in the country of nationality before entering the Republic of Korea.

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