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(영문) 서울행정법원 2016.01.08 2015구단11878
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 September 15, 2013, the Plaintiff, as a foreigner of the nationality of the Republic of Yemen (hereinafter “Emenmen”), entered the Republic of Korea as a visa with the Tourism Department (B-2), and filed an application for refugee status with the Defendant on October 15, 2013.

B. On July 23, 2014, 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 August 27, 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 and 2, and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The plaintiff's assertion was operated in SP as SP in his own country as SP. However, the Sim-Mati Group found in the store operated by the plaintiff, thereby threateninging 5% of the revenue to offer 50% of the revenue if he did not do so, and 50% of the revenue if he did not do so. In 2009, 4-5 members of Teti group assaulting the plaintiff, and 90,000 Lyna ($4,000) led to the plaintiff's money.

The plaintiff was born to the Hadar, and the mother of the plaintiff was kidnapped by the Hati-gun and killed.

On July 24, 2013, the Plaintiff left the Republic of Korea with Malaysia, and even Malaysia, the Plaintiff was also faced with the threat of Malaysia.

Therefore, the instant disposition, which did not recognize the Plaintiff as a refugee, is unlawful even though the Plaintiff, who did not cooperate with the Ethmpha-gun, returned to his own country, could be stuffed by the Tti-gun.

(b)in addition to the relevant laws and regulations;

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