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(영문) 서울행정법원 2015.09.18 2015구단7862

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 21, 201, the Plaintiff entered the Republic of Korea as a foreigner of the Republic of Mameron (hereinafter “Mameron”), and was staying there for extension of the period of stay after having entered the Republic of Korea for short-term stay (C-2) and applied for refugee status to the Defendant on February 17, 2012.

B. On May 26, 2014, the Defendant rendered a disposition of non-recognition of refugee status (hereinafter “instant disposition”) on the ground that the Plaintiff’s assertion does not constitute a case of “a well-founded fear that would be subject to persecution” as a requirement of refugee under Article 1 of the Convention on the Status of Refugees and Article 1 of the Protocol Relating to the Status of Refugees.

C. On June 20, 2014, the Plaintiff filed an objection with the Minister of Justice on June 20, 2014, but the said objection was dismissed on April 2, 2015.

[Reasons for Recognition] Unsatisfy, Gap evidence 1, 2, Eul evidence 1 and 2 (including branch numbers), the purport of the whole pleadings

2. Whether the disposition is lawful;

A. The plaintiff's assertion is the plaintiff who is a leut new leutist with the leuty of the origin of Tiko, Nam-gu, the Republic of Korea, the Republic of Korea.

The father of the plaintiff was the leader of the Besege Village, and the father of the plaintiff died in around 1994, the original meeting of the village demanded that the plaintiff succeed to the status of the leader according to the tradition of the village, but the plaintiff did not accept the above request.

Therefore, the instant disposition, which was taken on a different premise, was unlawful even though the Plaintiff could be stuffed by the original meeting on the ground that it did not succeed to the status of village leader when the Plaintiff returned to Kamera.

나. 관계 법령 ▣ 구 출입국관리법(2012. 2. 10. 법률 제11298호로 개정되기 전의 것) 제2조 (정의) 이 법에서 사용하는 용어의 정의는 다음과 같다.

3. The term "refugee" means Article 1 (b) of the Convention on the Status of Refugees (hereinafter referred to as the "Refugee Convention");