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(영문) 서울행정법원 2016.02.26 2015구단15689

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 7, 2013, the Plaintiff filed an application for refugee status with the Defendant on October 21, 2013, when entering and staying in the Republic of Korea on a short-term visit (C-3) sojourn status as of October 7, 2013, which was prior to the expiration date of the period of stay ( October 22, 2013).

B. On August 6, 2014, the Defendant rendered a decision not to recognize 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 a refugee under Article 1 of the Convention on the Status of Refugees and Article 1 of the Protocol Relating to the Status of Refugees.

[Basis] Facts without dispute, Gap evidence 1, 2, Eul evidence 1, Eul evidence 2, Eul evidence 2-1, 2, and 3, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The plaintiff's assertion is Ynugu Enugu's departure from the Enugu. The plaintiff's assertion is an Ibo.

In around 2008, the father of the plaintiff suffered a serious injury by knife the knife while disputing the plaintiff's three villages and the real estate ownership dispute, and eventually died after 4-5 months thereafter, the plaintiff's three villages concluded the case as a fine by proceeding with the agreement procedure.

Since the plaintiff was dong-dong's father's death, the plaintiff threatened the plaintiff after her father's death, and threatened kn's kn's kn's kn's kn's kn's kn's kn's kn

Even after the plaintiff's entry into the Republic of Korea, the plaintiff's third village refers to the plaintiff's mother and relatives who return to the Republic of Korea will find a party funeral and die.

Therefore, the Plaintiff constitutes a refugee.

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” means a refugee.

참조조문