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(영문) 서울행정법원 2016.01.22 2015구단17746

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 30, 2013, the Plaintiff entered the Republic of Korea with a short-term visit (C-3) sojourn status on September 30, 2013, and applied for refugee status to the Defendant on December 12, 2013.

B. On September 2, 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 prejudicial 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 September 22, 2014, the Plaintiff filed an objection with the Minister of Justice on September 22, 2014, but the said objection was dismissed on September 24, 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 is a ebo that was born in the Embrona village in Embrona region, and the Plaintiff’s wife and four residents of neighboring villages died due to a land ownership dispute between the Plaintiff’s high-speed village and neighboring villages. The Plaintiff was threatened by the residents of neighboring villages in relation to the above dispute.

Therefore, in the event that the Plaintiff returned to Naria, even though the land ownership dispute with the neighboring village could be detrimental to neighboring village residents, the instant disposition taken on a different premise is unlawful.

나. 관계 법령 ▣ 난민법 제2조 (정의) 이 법에서 사용하는 용어의 정의는 다음과 같다.

1. The term "refugee" means a person who is unable to obtain protection of his/her country of nationality or who wishes to receive protection, due to well-founded fear that he/she may be injured by race, religion, nationality, status as a member of a particular social group, or political opinion;

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