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(영문) 서울행정법원 2016.09.09 2016구단17606

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 August 17, 2014, the Plaintiff filed an application for refugee status with the Defendant on August 19, 2014, which was the expiration date of the period of stay ( September 16, 2014), when having entered the Republic of Korea for short-term visit (C-3) sojourn on a short-term basis.

B. On November 9, 2015, 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 Nos. 1 through 4, Eul evidence Nos. 1 and 2, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The plaintiff's assertion had been born in the village B in the Esarian Esarian Esariana-gu.

Most of the Plaintiff's high-ranking village people believe the traditional religion called Madro, and the same applies to the Plaintiff's family.

Although the father of the plaintiff was the president of Madro, the plaintiff thought that it would not be suitable for Madro from the time of the birth, and from the time of elementary school, he was in charge of parents' Madro church.

On February 15, 2013, when the father of the plaintiff died in person due to the unknown cause of the elderly, the father of the plaintiff demanded that the plaintiff, the only son of the president, be able to resume his position after one year.

However, the plaintiff, who is a Christian, was not able to be in charge of traditional religious consciousness against religious faith, and his father was fluor of the Madroma in relation to Madro, so if the plaintiff is the president, he would have received the same work as that of Madro, and there was no thought to respond to the above request.

Although the plaintiff was not physically threatened by village people, other religions continue to exist against the plaintiff's will.