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(영문) 서울행정법원 2016.07.08 2016구단3188
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 10, 2009, the Plaintiff entered the Republic of Korea with a visa for non-professional employment (E-9) as a foreigner of four arms nationality, and applied for refugee status to the Defendant on August 21, 2014.

B. On December 24, 2014, the Defendant rendered a disposition of non-recognition of refugee status (hereinafter “instant disposition”) to the Plaintiff on the ground that there is a well-founded fear that the Plaintiff would suffer from persecution as a requirement of refugee under 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 13, 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 through 3, and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. From around 2006, the Plaintiff asserted that he was forced to join and pay a political party from his home country or members of the implied party (hereinafter “JPN”), and paid a contribution by coercion of JPN in 2014.

Since JPN has continued to force the Plaintiff to join the organization and pay donations through the Plaintiff’s family members, the instant disposition that did not recognize the Plaintiff as a refugee is unlawful, since the Plaintiff’s return to its home country is likely to be stuffed by JPN.

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 be protected by the country of nationality or who 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 the requirements for recognition of refugee are met.

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