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(영문) 서울고등법원 2015.11.24 2014누66184
난민불인정결정취소
Text

1. Revocation of the first instance judgment.

2. On June 4, 2013, the Defendant’s disposition of non-recognition of refugee status against the Plaintiff is revoked.

3...

Reasons

1. The reason why this part of the disposition is used by the court is as stated in Article 8(2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act.

2. Whether the instant disposition is lawful

A. As a matter of the purport of the Plaintiff’s assertion, the Plaintiff, who was an industrial trainee, was able to obtain a visa issued by the Republic of Korea in which the Plaintiff, who was the originally influence, sought a visa from the husband of the Republic of Korea.

However, her husband requested a divorce to the Plaintiff on the ground that the Plaintiff was born to the Republic of Korea and that the Plaintiff was married to her former Korean school, and the husband returned to her home country.

The plaintiff does not want to get a divorce with her husband, the majority of the population of Sri Lanka is the state that most of the people believe that her husband is Buddhist, and in particular, the plaintiff's altitude is detrimental to her religious belief from her husband.

In light of these circumstances, the instant disposition is unlawful since there is a well-founded fear that a return to Sri Lanka would be detrimental to the Plaintiff, and thus, the instant disposition is unlawful.

B. The reasons why the court uses this part of the relevant statutes are 2.B. of the judgment of the court of first instance.

Since it is the same as the statement in the claim, it is cited by Article 8(2) of the Administrative Litigation Act and the main text of Article 420 of the Civil Procedure Act.

C. 1) The actual record of refugee investigation records, including the Plaintiff’s statement, (the purport of the Plaintiff’s statement indicated in the Plaintiff’s evidence No. 4, which was written in the Plaintiff’s certificate No. 4, is to hear the Plaintiff’s claim that the husband was injured in Korea as E-9, and the husband was her husband, and the husband was killed in Korea.

In order to find out why her husband is opposed to Korea without hearing his statement that her husband’s return to Korea, her husband has come to Korea in order to find out why she is opposed to Korea.

However, the husband did not return to the Republic of Korea to the effect that the husband requested a divorce and that the husband did not divorce.

The reason why husband's husband's request for divorce is the husband's family's age before marriage.

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