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(영문) 서울행정법원 2017.03.22 2016구단32681
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 June 15, 2010, the Plaintiff entered the Republic of Korea with the status of non-professional employment (E-9) status as an alien of the Democratic Republic of the Republic of Korea (hereinafter “NE”) and applied for refugee status to the Defendant on April 10, 2015.

B. On April 27, 2015, the Defendant issued a disposition to recognize 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. The Plaintiff appealed and filed an objection with the Minister of Justice on June 12, 2015, but the Minister of Justice dismissed the Plaintiff’s objection on September 9, 2016.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, and purport of the whole pleadings

2. Whether the disposition is lawful;

A. From the end of 2009, the purport of the Plaintiff’s assertion was that the Plaintiff was forced to join the organization and to pay donations from Jinantrik Teri Mkti Morch, one person JTM) who is a terrorist organization in the four arms or a character in the four arms.

Therefore, it shall be deemed that there is a risk of persecution in the event that the Plaintiff returned to the Republic of Korea. Nevertheless, the instant disposition that the Plaintiff did not recognize as a refugee should be deemed unlawful.

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, a foreigner 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, is unable or does not want the protection of the country of nationality, or a foreigner who, owing to such fear, is unable to return to or does not want to return to the country in which he had resided before entering the Republic of Korea.

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