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(영문) 서울행정법원 2015.11.27 2015구단13485
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 March 3, 2009, the Plaintiff entered the Republic of Korea as a foreigner of the Federal Democratic Republic (hereinafter “NE-9”)’s nationality, and stayed for extension of the period of stay after having entered the Republic of Korea on March 3, 2009, and applied for refugee status to the Defendant on December 23, 2013.

B. On September 11, 2014, the Defendant rendered a disposition of non-recognition of refugee status (hereinafter “instant disposition”) on the ground that the Plaintiff’s assertion does not constitute a case of “a well-founded fear that would be subject to persecution” as a requirement of refugee under Article 1 of the Convention on the Status of Refugees and Article 1 of the Protocol Relating to the Status of Refugees.

C. The Plaintiff appealed to the Minister of Justice on October 14, 2014, but the foregoing objection was dismissed on July 1, 2015.

[Reasons for Recognition] Unsatisfy, Gap evidence 1, 2, Eul evidence 1 and 2, the purport of the whole pleadings

2. Whether the disposition is lawful;

A. The Plaintiff asserted that the Plaintiff worked as a farmer from the Rotriya Praja from around 1994 to around 1997 as a general party member of the RP from 1994 to from around 1997. At the time, the Plaintiff forced the Plaintiff to join the organization and pay contributions from the above Rotriya Praca party members (hereinafter “Malist”; hereinafter “Malist”) in the above area, and forced the Plaintiff to take part in the organization and avoid payment of contributions.

Therefore, in the event that the Plaintiff returned to the Republic of Korea, the instant disposition taken on a different premise is unlawful, even though it is likely that masts might suffer from masts due to the Plaintiff’s refusal of joining the organization and payment of donations.

나. 관계 법령 ▣ 난민법 제2조 (정의) 이 법에서 사용하는 용어의 정의는 다음과 같다.

1. The term "refugees" shall have sufficient grounds to recognize that he/she may be disadvantaged on the grounds of race, religion, nationality, status as a member of a specific social group, or political opinion;

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