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(영문) 서울행정법원 2015.05.29 2015구합561
난민불인정결정취소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

Details of the disposition

The Plaintiff, a national of the South African Republic of South Africa (hereinafter referred to as “ South Africa”), who entered the Republic of Korea on November 12, 2012 and applied for refugee status to the Defendant on February 5, 2013. However, the Defendant: (a) on March 18, 2014, “an well-founded fear for persecution” (amended by the Immigration Control Act (amended by Act No. 11298, Feb. 10, 2012; hereinafter the same shall apply) to the Plaintiff.

) On the ground that Article 2 Subparag. 3 of the Convention on the Status of Refugees, Article 1 of the Convention on the Status of Refugees, and Article 1 of the Protocol on the Status of Refugees cannot be deemed to exist (hereinafter “instant disposition”), a disposition for non-recognition of refugee status (hereinafter “instant disposition”).

The Defendant filed an objection against the instant disposition with the Minister of Justice on March 28, 2014, but the Minister of Justice dismissed the said objection on December 16, 2014.

[Based on recognition, most of the residents of the village in which the plaintiff asserted the legitimacy of the disposition of this case as to Gap evidence Nos. 1, 2, and Eul evidence Nos. 1, 2, and 1 and 2, and the purport of the entire pleadings are believed to believe that Mang is a culture of the name of Mangge.

The father of the Plaintiff served as the representative of the above Saturdays, and the father of the Plaintiff died, which led the Plaintiff to the Plaintiff to succeed to the said role.

As can be seen, the Defendant did not recognize the Plaintiff as a refugee even though it is highly likely that the Plaintiff would be injured on the grounds of religion if it returned to the Republic of Korea. The instant disposition is unlawful.

It shall be as shown in the attached Form of the relevant statutes.

The burden of proving the existence of “sufficient fear of persecution,” which is a requirement for recognition of refugee status, is against a foreigner applying for recognition of refugee status (see Supreme Court Decision 2007Du19539, Jul. 24, 2008). The Plaintiff has a traditional religious group as asserted by the Plaintiff in South Korea.

or such traditional religious groups refuse to succeed to the leader's position.

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