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(영문) 서울행정법원 2016.05.20 2016구단42
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 November 24, 2009, the Plaintiff entered the Republic of Korea with a visa for non-professional employment (E-9) as a foreigner of four arms nationality, and applied for refugee status to the Defendant on September 23, 2014.

B. On January 23, 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 March 24, 2015, the Plaintiff filed an objection with the Minister of Justice, but the said objection was dismissed on September 24, 2015.

[Ground of recognition] Evidence Nos. 1 through 3, Evidence Nos. 1 through 3, and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion continued to stay in the Republic of Korea on November 24, 2009, with the entry of the Republic of Korea on two occasions in 2011 and 2013. On August 19, 2014, the members of the organization “SJM”, who found the Plaintiff’s father, demanded that the Plaintiff subscribe to their organization and pay contributions if they return to the four arms.

Therefore, the disposition of this case which did not recognize the plaintiff as a refugee despite the possibility of persecution when the plaintiff returned to his own country, is unlawful.

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, foreigners in the Republic of Korea who are unable to be protected by the country of nationality or who do 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, should be recognized as refugee and recognized as refugee.

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