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(영문) 서울행정법원 2016.01.29 2015구단15740

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 9, 2013, the Plaintiff filed an application for refugee status with the Defendant on October 22, 2013, when entering and staying in the Republic of Korea on a short-term visit (C-3) sojourn status as of October 9, 2013, which was prior to the expiration date of the period of stay ( October 24, 2013).

B. On September 11, 2014, the Defendant rendered a decision to deny refugee status (hereinafter “instant disposition”) on the ground that the Plaintiff does not constitute a case where there is a well-founded fear that the Plaintiff would be subject to persecution” as prescribed by Article 1 of the Convention on the Status of Refugees and Article 1 of the Protocol Relating to the Status of Refugees.

[Reasons for Recognition] Unsatisfy, Gap evidence 1, 2, Eul evidence 1 and 2, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion error was a dispute over the land from around 1986 to Egu-gu village, a neighboring village, and Egu-gu village, and the Plaintiff’s claim error, but the land owned by the village was insignificant and beautiful, and the Egu-gu village attempted to make the land as its own land.

During that period, the Plaintiff’s father became B of the village as an error in the end of 2009, and the Plaintiff’s family members became stuffed from the Agu-gu village.

On December 25, 2012, 2012, the Plaintiff was assaulted by 10 young young people in the Egu-gu village at the village axis-gu stadium and was threatened by Egu-gu village.

Plaintiff

In April 20, 2013, her mother died at a house located in an error called her mother, but this was also the young young her behavior.

Therefore, the plaintiff is a refugee who is likely to be stuffed on the ground of his/her status as a member of a specific social group (her father-child family).

Nevertheless, the instant disposition made by the Defendant on a different premise is unlawful.

(b) The definitions of terms used in this Act shall be as follows:

1. “Refugee” is a race, ..

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