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(영문) 서울행정법원 2016.04.27 2015구단22328
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 July 8, 2010, the Plaintiff entered the Republic of Korea with the status of non-professional employment (E-9) sojourn as a foreigner of four arms nationality, and applied for refugee status to the Defendant on December 31, 2014.

B. On February 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 he 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. As to this, the Plaintiff filed an objection with the Minister of Justice on March 16, 2015, but was dismissed on September 24, 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. The Plaintiff’s assertion took part in the Litriya Prajate (hereinafter “RP”) that supports the king ruling in four arms around 2000. Since 2004, the Plaintiff was subject to intimidation from the members of the Masijatate who did not act as a political party and was threatened to die if they did not pay the contribution.

In particular, in February 2010, the Plaintiff received an attack from ten members of the Marstst 2010 on the ground that he did not make a contribution, and entered the Republic of Korea. On October 2013, the Plaintiff again received intimidation from the members of the Marst 2013 who visited the four arms.

In the event that the plaintiff returned to his own country, the disposition of this case, which did not recognize the plaintiff as a refugee, is unlawful despite the possibility of persecution for the above reasons.

B. (1) 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, the race, religion, nationality, and specific social group.

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