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(영문) 서울행정법원 2016.04.29 2016구단1229

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 July 30, 2002, the Plaintiff, a foreigner of the nationality of the Republic of Naria (hereinafter “Naria”), had entered the Republic of Korea as a short-term comprehensive employment (C-3) sojourn status on July 30, 2002, and was staying in the Republic of Korea upon obtaining permission for alteration on October 22, 2003, and applied for refugee status to the Defendant on August 11, 2015, after the expiration of the period of sojourn (E-9 August 16, 2005).

B. On August 21, 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 1, 2, Eul evidence 1 and 2, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion is the Plaintiff’s objection to the dispute of Austriaan Anamera State, which is one of Umogali village origins located in the area of I de facto LGA.

On June 2002, the plaintiff threatened the plaintiff with the helper's life cover in the Gaaea Baeaea, and when the village people and the originals died due to the food of the food on the day immediately before the lag, the plaintiff threatened the plaintiff with the helper's life cover and death.

The village head holds the position of traditional religious leaders, and it is doubtful that the plaintiff is a criminal who spawnizes the plaintiff as a spawn of the plaintiff.

After the police investigation, the plaintiff threatened the village people and senior citizens to find and die the plaintiff, and the plaintiff, who caused it, was 2 weeks old-ages, was frightened, and was frightened to the third village where he was living in Isas and was frighted to move back to Korea.

Therefore, the Plaintiff constitutes a refugee.

Nevertheless, the instant disposition made by the Defendant on a different premise is unlawful.

(b) relation.