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(영문) 서울행정법원 2015.10.23 2015구단8070

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 June 25, 2013, the Plaintiff entered the Republic of Korea with a short-term visit (C-3) sojourn status as a foreigner of the Federia’s nationality, and applied for refugee status to the Defendant on June 7, 2013.

B. On April 30, 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 May 28, 2014, the Plaintiff filed an objection with the Minister of Justice on May 28, 2014, but the said objection was dismissed on April 2, 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 assertion and the Plaintiff’s parents resided in Narian Nger, as a parasian believers. On December 25, 2011, the Plaintiff’s parents died of all of the Plaintiff’s parents due to a bruth terrorism at a church, an armed organization with Islamic personality.

On January 2012, the Plaintiff moved to Madoro and had it in the computer school. At this point, the Plaintiff was threatened with murder on the ground that he was solicited from Mana-gu to join the local group called Blak House, but refused to do so. On February 2012, 2012, the Plaintiff got threatened with murder and moved to Madona-ro around damage.

Therefore, the instant disposition, which was taken on a different premise, is unlawful, even though the Plaintiff’s return to Austria is likely to be stuffed from Bocon Haco or from a local body on the ground that it is the Maternian Island.

나. 관계 법령 ▣ 구 출입국관리법(2012. 2. 10. 법률 제11298호로 개정되기 전의 것) 제2조 (정의) 이 법에서...