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(영문) 서울행정법원 2015.09.04 2015구단4702

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 February 24, 2013, the Plaintiff, who is a national of the Republic of mentmen (hereinafter referred to as “mentmen”), had entered into and staying in the tourism conference (B-2, the expiration date of the period of stay April 22, 2013), and applied for refugee status to the Defendant on April 10, 2013.

B. On June 2, 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 refugee requirement 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 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 was that the plaintiff's assistance team worked as a major leader of Islamic in mentmen for the Government.

The plaintiff's assistance refused to follow the above proposal because the plaintiff's assistance was a counter-government force. Accordingly, the plaintiff was subject to intimidation to force the opening of the plaintiff's assistance from the invasion of the plaintiff's assistance around November 2012.

In the end, the plaintiff's assistance who rejected the above proposal was killed by Russia.

Although the plaintiff could escape from a high country in advance with the advice of the conciliation division, and could stimulate it, it is not free from intimidation.

The plaintiff has no ability to set up against the gambling of the opposite party, and the mentmen Government will not take any protective measure against such gambling.

Therefore, the Plaintiff constitutes a deaf-North refugee who was injured by religious reasons, in particular, a specific social group’s religious opinion, and is likely to be harmed again.

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