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(영문) 서울행정법원 2016.04.27 2015구단18046
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 29, 2013, the Plaintiff entered the Republic of Korea on a short-term visit (C-3) visa on August 29, 2013, and applied for refugee recognition to the Defendant on January 22, 2014.

B. On November 6, 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 November 14, 2014, the Plaintiff filed an objection with the Minister of Justice, but was dismissed on September 24, 2015.

[Ground of recognition] Evidence Nos. 1 through 4, Evidence Nos. 1, 2, and 4, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion was threatened by the Plaintiff, on May 2012, on the way that the Plaintiff returned to the Maaskar-e-Jangvi (hereinafter “LeJ”) from the Maaskar-E-Sabab (hereinafter “LeJ”) and the Simph-E-Sabab (hereinafter “SP”), the Plaintiff was threatened to kill the said organization for the same reason, and was threatened by the said organization for the same reason.

In the event that the plaintiff returned to his own country, the disposition of this case, which did not recognize the plaintiff as a refugee, is unlawful despite the possibility of persecution for the above reasons.

B. (1) In full view of the provisions of subparagraph 1 of Article 2 of the Refugee Act, Article 1 of the Refugee Convention, Article 1 of the Refugee Protocol, and Article 1 of the Refugee Protocol, a foreigner in the Republic of Korea who is unable to be protected by the country of nationality or does 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.

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