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(영문) 서울행정법원 2016.02.19 2015구단19728

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 8, 2013, the Plaintiff entered the Republic of Korea with a short-term visit (C-3) status on the short-term visit (hereinafter “C-3”), and applied for refugee status to the Defendant on October 29, 2013.

B. On September 11, 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 January 19, 2015, the Plaintiff filed an objection with the Minister of Justice on January 19, 2015, but the said objection was dismissed on July 1, 2015.

[Reasons for Recognition] Unsatisfy, Gap evidence 1, 2, Eul evidence 1 and 2, the purport of the whole pleadings

2. Whether the disposition is lawful;

A. The Plaintiff’s father’s assertion, along with the Plaintiff’s third village B, operated grain store in the high-speed village, and died in around 193.

Since then, the Plaintiff operated a grain shop along with the Plaintiff’s three villages, and the Plaintiff’s mother was able to live in order to have his father left as a miscarriage and occupy a house, and the Plaintiff died.

Therefore, in the event that the plaintiff returned to Naria, the disposition of this case made on a different premise is unlawful even though it is likely that the father's miscarriage might be stuffed from the third village in which the father intends to read.

나. 관계 법령 ▣ 난민법 제2조 (정의) 이 법에서 사용하는 용어의 정의는 다음과 같다.

1. The term "refugee" means a foreigner who is unable or does not want to receive protection from a country of his/her nationality due to well-founded fear to recognize that he/she may be injured by race, religion, nationality, status as a member of a specific social group, or political opinion;

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