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(영문) 서울행정법원 2015.12.18 2015구단11274
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 3, 2009, the Plaintiff entered the Republic of Korea with a visa for non-professional employment (E-9) as a foreigner of four arms nationality, and applied for refugee status to the Defendant on November 18, 2013.

B. On August 25, 2014, the Defendant rendered a disposition of non-recognition of refugee status (hereinafter “instant disposition”) to the Plaintiff on the ground that there is a well-founded fear that the Plaintiff would be detrimental to the status of refugee under Article 1 of the Convention Relating to the Status of Refugees (hereinafter “Refugee”) and Article 1 of the Protocol Relating to the Status of Refugees (hereinafter “Refugee Protocol”).

C. As to this, the Plaintiff filed an objection with the Minister of Justice on October 20, 2014, but the said objection was dismissed on July 1, 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. From May 2010, the Plaintiff asserted that he was forced from the armed forces in his home country to pay the contribution from the Madiyaist (Badiya) and paid the contribution several times to avoid the threat.

Nevertheless, Mamast, through the plaintiff's family members, forces the plaintiff to pay donations continuously and repeatedly, which is also the act of compelling the plaintiff to cooperate with the political route of Mamast.

In the event that the plaintiff returned to his home country, the disposition of this case which did not recognize the plaintiff as a refugee despite the possibility of suffering from the mastal from the above mast, is unlawful.

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

C. (1) In full view of the provisions of subparagraph 1 of Article 2 of the Refugee Act, Article 1 of the Refugee Convention, Article 1 of the Refugee Protocol, and Article 1 of the Refugee Protocol, a State of nationality is unable to be protected due to well-founded fear of persecution for reasons of race, religion, nationality, membership of a particular social group, or political comments, or a member of a nation of nationality.

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