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(영문) 서울행정법원 2016.04.27 2015구단14709

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 February 19, 2013, the Plaintiff entered the Republic of Korea with a short-term visit (C-3) visa on February 19, 2013, and filed an application for refugee status with the Defendant on March 20, 2013.

B. On June 12, 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 July 21, 2014, the Plaintiff filed an objection with the Minister of Justice, but the said objection was dismissed on July 1, 2015.

[Ground of recognition] Evidence Nos. 1 through 5, Evidence Nos. 1 through 3, and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff asserted that the Plaintiff resided in the Segogogou Sego (Dariabaly), which was operated by his father, and worked in the automobile fuel shop operated by his father.

On January 12, 2013, the Ansaridine, an armed terrorist organization, found his father's seat, and threatened his father with “ underground DNA” or abandoned things. On January 12, 2013, a male among his/her family members made intimidation that “Ansar dar dar dar dar dar dar dar dar,” and the Plaintiff’s father resisted during the process of lowering the parts of his/her family.

After 7 to 10 days from the death of the father, Agymidine re-consected the Plaintiff’s house and her mother at the Plaintiff’s house, raped her mother, and kidnapped the Plaintiff’s money.

The plaintiff, who was arrested, and was subject to intimidation that the underground list will take place after he was arrested to Sazidine, had taken advantage of an opportunity to move out to Sazzzidine to the water supply dynac, but left the Republic of Korea.