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(영문) 서울행정법원 2016.03.24 2015구단20476
난민불인정결정취소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

Details of the disposition

On March 18, 2015, the Plaintiff filed an application for refugee status with the Defendant on March 18, 2015, when he/she entered and stayed in the Republic of Korea for short-term visit visa (C-3) on March 10, 2015.

On March 31, 2015, the Defendant rendered a disposition to deny the Plaintiff’s application for refugee status (hereinafter “instant disposition”) on the ground that the Plaintiff’s assertion does not constitute “a well-founded fear that would be subject to persecution” as stipulated in Article 1 of the Refugee Convention and Article 1 of the Refugee Protocol.

The Plaintiff filed an objection with the Minister of Justice on May 6, 2015, but the said objection was dismissed on September 24, 2015.

【The Plaintiff’s assertion as to the legitimacy of the instant disposition indicated in Gap’s evidence Nos. 1 through 4, Eul’s evidence Nos. 1 and 2 was false because the Plaintiff was threatened by Bogbo’s member, who was a Islamic armed terrorism organization, with the threat of opening the case to Islamic intercourse on or around June 2012.

However, on August 20, 2014, the Plaintiff’s imprisonment was arrested at Bocoon and died upon the total attack, and the Plaintiff’s parent died as a non-discriminatory terrorism on November 28, 2014.

Therefore, the defendant's disposition of this case which did not recognize the plaintiff as a refugee is unlawful even though it is highly likely that the plaintiff might be stuffed from Bococon as above in case the plaintiff returned to Naria.

Judgment

In light of the following circumstances, it is insufficient to view that there is a well-founded fear that the Plaintiff may suffer from persecution in full view of the respective entries and the purport of the entire arguments in Gap evidence 5-1, 2, and Gap evidence 6-1, 2, 3, and 4. The defendant's disposition of this case is legitimate, since there is no other evidence to acknowledge it.

The risk of terrorism in Boschen is the risk of terrorism.

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