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(영문) 서울행정법원 2016.07.22 2016구단6880
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 6, 2010, the Plaintiff entered the Republic of Korea on three occasions under the status of non-professional employment (E-9) (E-9) as a foreigner with the nationality of the Republic of the Republic of the Lao (hereinafter referred to as “NE”) and entered the Republic of Korea on three occasions, and filed an application for refugee status with the Defendant on December 3, 2014, and on May 8, 2015.

B. On June 22, 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. On July 21, 2015, the Plaintiff filed an objection with the Minister of Justice on July 21, 2015, but the said objection was dismissed on December 14, 2015.

[Ground of recognition] Facts without dispute, Gap 1, 2 evidence, Eul 1 and 2 evidence, the purport of the whole pleadings

2. Whether the disposition is lawful;

A. The Plaintiff’s assertion was around 2004, while joining NC (Nepagress Party) from around 2007, the Plaintiff joined NC and took part in NC’s activities as a political party. Since around 2007, the researchers of Samyukta Juya Mukti Mum (hereinafter “SJM”) retired from NC activities and threatened the Plaintiff to join the SJM organization or to pay donations.

SJM continued intimidation on a verbal basis on October 2009, and sought at the Plaintiff’s house and made intimidation to the effect that it would kill the Plaintiff without joining the organization or paying the contribution.

SJM threatened the Plaintiff’s family member after entering the Republic of Korea, and found the Plaintiff’s wife on April 9, 2015, and did not appear without giving donations, thus, the SJM forced the Plaintiff to die and forced the Plaintiff to die.

Therefore, the plaintiff will return to the four arms.

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