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(영문) 서울행정법원 2015.07.24 2015구단4719
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 February 6, 2013, the Plaintiff entered the Republic of South Africa as a national of South Africa (hereinafter “Nam Africa”), and applied for refugee status recognition to the Defendant on April 8, 2013.

B. On April 28, 2014, the Defendant, on the ground that it cannot be deemed that the Plaintiff had a sufficient well-founded fear that the Plaintiff would be subject to persecution as stipulated in Article 1 of the Convention on the Status of Refugees and Article 1 of the Protocol Relating to the Status of Refugees, and that “the instant disposition” is “the instant disposition”.

C) On June 12, 2014, the Plaintiff filed an objection with the Minister of Justice on June 12, 2014, but the said objection was dismissed on April 2, 2015.

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion refers to the crime of rape of a mine organization consisting of eight members of Iddiba Boys in radio programming around July 2012, the Plaintiff worked as a riter media, the radio broadcasting station located in the Hadnaberg, and subsequently, the Plaintiff was subject to intimidation, total attack, and assault from the aforementioned organization.

In the event that the Plaintiff returned to the Republic of Korea, the instant disposition taken on a different premise is unlawful.

(b) as shown in the attached Form of the relevant statutes;

C. In order to be recognized as a refugee, in addition to the requirement that the applicant for refugee status has a well-founded fear of persecution in his/her country, the applicant has been made on the ground of “a person’s race, religion, nationality, status as a member of a particular social group or political opinion”.

The reason for the plaintiff's persecution was that the plaintiff was subject to violence and intimidation by the members of the above organization on the ground that the plaintiff mentioned the crime of a specific crime organization in the radio.

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