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(영문) 서울행정법원 2016.04.15 2015구단17890
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 August 21, 2013, the Plaintiff entered the Republic of Korea as a mentor’s nationality foreigner, and applied for refugee status to the Defendant on September 17, 2013.

B. On August 1, 2014, the Defendant rendered a disposition of non-recognition of refugee status (hereinafter “instant disposition”) to the Plaintiff on the ground that the Plaintiff cannot be deemed as having “a well-founded fear of persecution” as stipulated in Article 1 of the Convention on the Status of Refugees and Article 1 of the Protocol Relating to the Status of Refugees.

C. On August 25, 2014, the Plaintiff filed an objection with the Minister of Justice on August 25, 2014, but the said objection was dismissed on July 1, 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. On May 5, 2012, the Plaintiff asserted that the Plaintiff participated in the marriage ceremony of a senior village. At that place, B, who is the Plaintiff’s deceased village, killed B and D with another family, and escaped, and thereafter E-type agents, as the victim’s family members, threatened the Plaintiff, as the victim’s family members, with murdering.

In the event that the plaintiff returned to his home country, the disposition of this case which did not recognize the plaintiff as a refugee is unlawful.

B. In order to be recognized as a refugee, in addition to the requirement that an applicant for refugee status has a well-founded fear of persecution in his/her country, the relevant gambling should be conducted on the ground of “a person’s race, religion, nationality, status as a member of a particular social group or political opinion”.

On the other hand, the reason alleged by the Plaintiff is a threat of murder from the person who was killed from the Plaintiff’s death’s death. Such reason is merely a personal and multiple occasions, and is boomed on the ground of “human race, religion, nationality, status as a member of a specific social group or political opinion.”

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