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(영문) 서울행정법원 2016.05.20 2015구단20995
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 6, 2013, the Plaintiff entered the Republic of Korea on a short-term visit (C-3) visa on October 6, 2013, and applied for refugee recognition to the Defendant on October 8, 2013.

B. On July 23, 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 August 20, 2014, the Plaintiff filed an objection with the Minister of Justice on August 20, 2014, but the said objection was dismissed on July 1, 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 asserted that the Plaintiff resided together with his/her family in Ethical Ethrate Sypt, Ethom, Syptian, and on December 13, 2012, there was a terrorist attack against the Plaintiff’s house using a bus in which Bobane was boomed, and accordingly, his/her father and his/her siblings died and her mother was injured with a big injury.

The plaintiff, a paradoxianian, experienced a risk of harm to life and body in the terrorist terrorism, and the disposition of this case which did not recognize the plaintiff as a refugee despite the risk of harm to be persecution when the plaintiff returns home due to his own country.

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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