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(영문) 서울행정법원 2016.02.03 2015구단18480
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 October 18, 2013, the Plaintiff entered the Republic of Korea on 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 November 12, 2013.

B. On July 16, 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. The Plaintiff filed an objection with the Minister of Justice on August 5, 2014, but the said objection was dismissed on July 1, 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 Magbo's Nabo's Nabo's Haba's Haba. The plaintiff's assertion is Magbo's Maba.

The plaintiff's reference was a member of a confidential local religious group called "AKA", and the defendant's punishment as the successor was lost, and on January 23, 201, the plaintiff's punishment was killed and used as a product, and the plaintiff forced the plaintiff to join the above local group and made intimidation.

Therefore, the disposition of this case, which was conducted on a different premise, is unlawful, even though the plaintiff's refusal to join the local body was apprehended to be stuffed from the members of the above local body, on the ground that it refused to join the local body.

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

1. The term "refugee" means a person who is entitled to protection of his/her nationality due to fear of being well-founded to recognize that he/she may be injured for reasons of race, religion, nationality, status as a member of a specific social group, or political opinion;

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