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(영문) 서울행정법원 2016.04.27 2015구단21158
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 February 19, 2014, the Plaintiff entered the Republic of Korea on a short-term visit (C-3) visa on February 19, 2014, and applied for refugee recognition to the Defendant on March 21, 2014.

B. On January 13, 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 February 10, 2015, the Plaintiff filed an objection with the Minister of Justice, but the said objection was dismissed on September 24, 2015.

[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 asserted that Qujir Quam (hereinafter “M QM”) was admitted to the lower key (Haqiq) which is a military organization, among M QM (hereinafter “M QM”), which was a camping party in 193.

Members of Altaf (Altaf) who are other military units of QM frequently attack Haki members, and on January 3, 2013, around 16:00, the Plaintiff was found in the Plaintiff’s house and threatened the Plaintiff with firearms.

If the Plaintiff returned to his home country, the instant disposition that did not recognize the Plaintiff as a refugee despite the risk of persecution on the grounds of political opinion is unlawful.

B. (1) 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, foreigners in the Republic of Korea who are unable to obtain protection of the country of nationality or do not want the protection of the country of nationality due to well-founded fear of persecution for reasons of race, religion, nationality, membership of a particular social group, or political opinion, should be recognized as refugee, and “persecution” which is the requirement for recognition of refugee status is life-long and body.

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