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(영문) 광주고등법원 2016.06.16 2015누7066

난민불인정처분취소

Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

Reasons

1. Details of the instant disposition

A. The Plaintiff entered the Republic of South Africa on November 18, 2013, and applied for refugee recognition to the Defendant on November 10, 2014.

B. On January 9, 2015, the Defendant rendered a disposition of non-recognition of refugee status (hereinafter “instant disposition”) on the ground that the Plaintiff does not constitute a case of “a well-founded fear of 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. The Plaintiff filed an objection with the Minister of Justice on January 12, 2015, but the Minister of Justice dismissed the said objection on April 2, 2015.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1, 2 and 5, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion that the lack of Seedi, which belongs to the Plaintiff, has the largest influence on customary law, and the deficient head and the family council have the largest authority. The Plaintiff was forced to waive inheritance from the third degree of inheritance due to the death of the parent, and to leave the house by marriage with the person determined by the family council. Around January 2012, the Plaintiff requested the police to protect the police, but was rejected on the ground that it was a dispute between the family. On June 27, 2012, the Plaintiff died of the remaining birth, and the Plaintiff suffered pictures from the son, the second hand, the lower part, etc.

As such, it is apparent that the Plaintiff is in danger of life from the deficient citizens who belong to the Plaintiff on the grounds that the Plaintiff did not comply with the customary law and did not respond to the matters decided at the family council, and thus, the instant disposition that did not recognize the Plaintiff as a refugee is unlawful even though there exists a sufficient well-founded fear of persecution due to the membership status of a specific social group.

(b).