logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울행정법원 2016.01.15 2015구단15566
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 July 2, 2012, the Plaintiff entered the Republic of Korea with a short-term visit (C-3) status on July 2, 2012, and applied for refugee status to the Defendant on August 10, 2012.

B. On March 13, 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 July 22, 2014, the Plaintiff filed an objection with the Minister of Justice on July 22, 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 as Magbo's history from Naba State. The plaintiff's assertion is Magbo.

After the death of the Plaintiff’s father, the Plaintiff resided in the Gambra State from around 2005, and resided in the Gambra State from around 2009.

The plaintiff's high-speed village had a traditional religion that sets up the whole communications called "OGWU GWU". However, the plaintiff was designated as a person to succeed to the private post by the village ties, but was rejected on the ground that it was a dynasium.

As a result, the plaintiff died from a traffic accident.

Therefore, even though the Plaintiff’s refusal to succeed to traditional religious status in the event of return to Naria, the instant disposition taken on a different premise is unlawful, even though the Plaintiff’s refusal to succeed to a private position in traditional religion is likely to be stuffed by its members.

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

arrow