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(영문) 서울행정법원 2016.11.25 2016구단21179
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 September 25, 2015, the Plaintiff entered the Republic of Korea with a visa for short-term employment (C-4) on September 25, 2015, and applied for refugee recognition to the Defendant on November 27, 2015.

B. On December 17, 2015, the Defendant issued 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 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. On January 26, 2016, the Plaintiff filed an objection with the Minister of Justice, but the said objection was dismissed on June 30, 2016.

[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 that the Plaintiff gave musical instruments in the fourth musical performance group of four arms. Around 2014, the Plaintiff was forced to join the organization from the members of the Mastststs and to act as a musical performer at the performance group made by them, and entered the Republic of Korea upon the intimidation to pay contributions twice, and thereafter, entered the Republic of Korea.

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. 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 in the Republic of Korea who is unable to be protected by the country of nationality or who does not want to be protected by the country of nationality due to well-founded fear of being injured on the grounds of race, religion, nationality, membership of a particular social group, or political opinion, should be recognized as a refugee, and “persecution” which serves as a requirement for recognition of refugee status is either life or body.

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