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(영문) 광주지방법원 2016.06.09 2016구단10506
난민불인정처분취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Details of disposition;

A. On July 28, 2014, the Plaintiff, who is a foreigner of Siluri-do nationality, entered the Republic of Korea as a visa for short-term general (C-3) on a short-term basis, and applied for refugee status to the Defendant on August 21, 2014.

B. On April 17, 2015, the Defendant issued a notification of refugee non-recognition (hereinafter “instant disposition”) to the Plaintiff on the ground that there is no “a well-founded fear of persecution,” which is a requirement for refugee status under Article 1 of the Convention on the Status of Refugees and Article 1 of the Protocol Relating to the Status of Refugees,” which is a requirement for refugee status.

C. The Plaintiff appealed and filed an objection with the Minister of Justice, but the said application was dismissed on September 24, 2015.

【Ground of recognition】 The fact that there has been no dispute, Gap Nos. 1 and 2, Eul No. 3, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s father’s assertion is the head of Sindo’s confidential organization B, which requested the Plaintiff to join the above organization and succeed to the funeral position. However, the Plaintiff refused to join the organization as a senior citizen, and the Plaintiff’s father was threatened with the Plaintiff’s life and went away to the Republic of Korea. As such, the Plaintiff’s refusal to return to the Republic of Korea from Sindo to the Republic of Korea would be subject to imminent harm, and the disposition of this case, which did not recognize the status of refugee on a different premise, is unlawful.

(b) Entry in the attached Form of relevant Acts and subordinate statutes;

C. Even if the Plaintiff, as alleged by the Plaintiff, was threatened by his father for religious reasons, there is no evidence to deem that it is difficult to obtain the protection of the judicial body, such as police force of Sirido, and thus, the Plaintiff appears to be able to resolve the problem by requesting the protection of its government and resolving the problem. Furthermore, it is deemed that the Plaintiff may escape from the above threat by moving to other areas and resettlement.

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