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(영문) 서울행정법원 2016.03.11 2015구단16620
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 October 7, 2013, the Plaintiff entered the Republic of Korea on a short-term visit (C-3) visa on October 7, 2013, and applied for refugee recognition to the Defendant on October 21, 2013.

B. On October 2, 2014, the Defendant rendered a disposition of non-recognition of 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. As to this, the Plaintiff filed an objection with the Minister of Justice on December 8, 2014, but was dismissed on September 24, 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 made by the plaintiff as Egbo, a parasian, from 1997, after receiving a wood recovery business from Kaduna (Kaduna).

The father, who was the president of the traditional religion, demanded the plaintiff to succeed to the president position from 2012, and threatened the plaintiff to drive away from the house when the plaintiff refused to do so.

Since September 2013, village people threatened the plaintiff to die if he/she continues to refuse the president position, and on October 2, 2013, the plaintiff's mother was sought at the plaintiff's native house.

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 Article 2 subparag. 1 and Article 18 of the Refugee Act, Article 1 of the Refugee Convention, and Article 1 of the Refugee Protocol, the determination is persecution on the grounds of race, religion, nationality, membership of a particular social group or political opinion.

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