(영문) 서울행정법원 2017.03.24 2016구단28408

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(영문) 서울행정법원 2017.03.24 2016구단28408

난민불인정결정취소

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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 28, 2011, the Plaintiff entered the Republic of Korea with the status of non-professional employment (E-9) status as four arms, and applied for refugee status to the Defendant on January 18, 2016.

B. On March 23, 2016, the Defendant rendered a decision on the recognition of refugee status (hereinafter “instant disposition”) to the Plaintiff 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 on the Status of Refugees.

C. The Plaintiff filed an objection with the Minister of Justice on March 28, 2016, but the said objection was dismissed on the same ground as October 27, 2016.

[Reasons for Recognition] Facts without dispute, Gap 1, 2, 3, 4, Eul 1 and 2, and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion was, in around 2001, the support of Nepapali Cre (hereinafter “NC”) in the highly advanced area, and the Plaintiff was demanded by NCL officers of YOung Commonist Leagle (hereinafter “YCL”) to resign from NC and join YCL. As such, the Plaintiff’s assertion threatened that YCL officers would kill the Plaintiff, thereby moving to Macro in 2002.

YCL knew that the Plaintiff participated in the NC Party Assembly in 2004, and thereafter threatened the Plaintiff to murder if the Plaintiff participated in the NC Party Assembly, and the Plaintiff was only aware of NC Party support in 2006.

Nevertheless, five members of the YCL committed assault against the Plaintiff on May 2009. The Plaintiff, upon his intimidation, served as a mixed knife knife, sent back to the mixed knife. The YCL staff found the Plaintiff’s wife, and asked the Plaintiff’s whereabouts.

The plaintiff was threatened by telephone when visiting the four arms in 2013.

Therefore, the plaintiff will return to the country of nationality.

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