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(영문) 서울행정법원 2016.05.20 2015구단20506
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 November 19, 2013, the Plaintiff entered the Republic of Korea on a short-term visit (C-3) visa on November 19, 2013, and applied for refugee recognition to the Defendant on December 6, 2013.

B. On September 2, 2014, 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. On September 15, 2014, the Plaintiff filed an objection with the Minister of Justice, but the said objection was dismissed on July 1, 2015.

[Ground of recognition] Evidence Nos. 1 through 4, Evidence Nos. 1, 2, and 4, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s father, who was the head of the confidential grade B’s claim, died in around October 2010, demanded that his father’s assistant officers succeed to the Plaintiff’s status. However, the Plaintiff could not enter the above organization of sublime, such as the Plaintiff’s death as the head of the confidential class B, and thus, refused his demand.

Accordingly, the above assistant officers forced the plaintiff to succeed to the status, and interfered with and threatened the plaintiff's work due to a permanent attack.

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 being stuffed by the assistants of the secret character as above.

B. (1) In full view of the provisions of subparagraph 1 of Article 2 of the Refugee Act, Article 1 of the Refugee Convention, Article 1 of the Refugee Protocol, and Article 1 of the Refugee Protocol, a State of nationality is unable to be protected due to well-founded fear of persecution for reasons of race, religion, nationality, membership of a particular social group or political comments, or a member of a particular social group, or a nationality country.

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