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(영문) 서울행정법원 2015.10.30 2015구단8445

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 September 25, 2013, the Plaintiff filed an application for refugee status with the Defendant on September 30, 2013, when having entered and staying in the Republic of Korea for a short-term visit (C-3) sojourn status on September 25, 2013, which was prior to the expiration date of the period of stay ( October 15, 2013).

B. On June 19, 2014, 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 where there is a well-founded fear that the Plaintiff would suffer 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.

[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 family members are both the cartolusians.

However, on December 25, 2011, the Plaintiff’s mother and denied died of a church Buddhist incident due to the bomb terrorism in Islamic extreme terrorist groups, and the Plaintiff’s father also died as a bomb terrorism in Boco that occurred in a residential area around August 2012.

Even though there is a serious damage due to terrorism in Boco, it is difficult to expect the protection of its government.

Therefore, the plaintiff is a refugee with a risk of concealment due to religious reasons, such as continuous threat of Boco Halle.

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” is due to well-founded fears recognizing that a person is likely to be disadvantaged on the ground of race, religion, nationality, status as a member of a particular social group or political opinion.

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