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(영문) 서울행정법원 2015.06.26 2015구단53483

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 7, 2012, the Plaintiff entered the Republic of Korea with the status of stay for short-term visits (C-3, the expiration of the period of stay: July 7, 2012), and filed an application for refugee status with the Defendant on August 20, 2012.

B. On March 18, 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. The Plaintiff filed an objection with the Minister of Justice on May 7, 2014, but the said objection was dismissed on December 16, 2014.

[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 was king where the Plaintiff was king in the Naba State Ababa region Ababa (Oafia)-bababa (Igbo)-baba, and the father of the Plaintiff was the king in the rule of high-speed villages.

On November 10, 2010, the plaintiff tried to kill the father of the plaintiff and murder the plaintiff, the only heir of the king, in order to support king.

In the event that the plaintiff returns to Austria, there is a fear that there are sufficient grounds for the plaintiff's suffering from her three villages.

Therefore, the instant disposition is unlawful on a different premise.

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

3. The term "refugee" means a person to whom the Refugee Convention is applied pursuant to Article 1 of the Convention on the Status of Refugees (hereinafter referred to as the "Refugee Convention") or Article 1 of the Protocol Relating to the Status of Refugees;