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(영문) 서울행정법원 2016.07.22 2016구단53589
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 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 July 16, 2014.

B. On December 17, 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 January 12, 2015, the Plaintiff filed an objection with the Minister of Justice, but the said objection was dismissed on December 14, 2015.

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

2. Whether the instant disposition is lawful

A. The Plaintiff asserted that the Plaintiff was a hingson. While staying in the Republic of Korea, the Plaintiff was threatened by an hingson group that became aware of the Plaintiff’s race during his/her stay in the Republic of Korea from February 6, 2013 to March 5, 2013, and was threatened by an assault and a hingson group that became aware of the Plaintiff’s race.

The disposition of this case which did not recognize the Plaintiff as a refugee is unlawful, since the Plaintiff’s return to his own country is likely to be detrimental to stuff on the ground of religion.

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 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 includes threats to life, body or freedom.

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