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(영문) 서울행정법원 2016.11.25 2016구단25218
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, 2015, the Plaintiff entered the Republic of Korea on a short-term visit (C-3) visa on September 15, 2015, and applied for refugee recognition to the Defendant on October 7, 2015.

B. On December 9, 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 January 12, 2016, the Plaintiff filed an objection with the Minister of Justice, but the said objection was dismissed on June 30, 2016.

[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. The Plaintiff asserted that the Plaintiff had resided with his mother, who was a shot school, and lived as a shot school. After his mother’s death, the Plaintiff was threatened with opening the Plaintiff’s life with his shot school’s parents.

In the event that the plaintiff returns to his own country, the disposition of this case, which did not recognize the plaintiff as a refugee, is unlawful despite the possibility of being harmed by the reason of religion as above.

B. 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 to be protected by 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, and also serious infringement or discrimination against essential human dignity.

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