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(영문) 서울행정법원 2016.02.26 2015구단18671
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 filed an application for refugee status with the Defendant on November 21, 2013, when he/she entered and stayed in the Republic of Korea on a short-term visit (C-3) sojourn status as of September 30, 2013 and filed an application for refugee status with the Defendant on November 21, 2013, prior to the expiration date of the period of stay ( December 29, 2013).

B. On November 28, 2014, the Defendant rendered a decision on the recognition of refugee status (hereinafter “instant disposition”) on the ground that the Plaintiff does not constitute a case of “a well-founded fear that would be detrimental to persecution” as prescribed by Article 1 of the Convention on the Status of Refugees and Article 1 of the Protocol Relating to the Status of Refugees.

[Reasons for Recognition] Unsatisfy, Gap evidence 1, 2, Eul evidence 1 and 2, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. All of the Plaintiff’s family members, including the Plaintiff’s assertion, are chronologys.

From around 2012, the Plaintiff became aware of the pregnancy of a female-friendly woman during the course of having sleeped with the unslick female, and the Plaintiff became aware of this fact by notifying her parent thickness and prepared for marriage.

However, the plaintiff's mother-friendly women's family, and the plaintiff's parents, around September 2013, when they visited the family of her mother-friendly women's family, they were subject to the case where the plaintiff's father was assaulted and went to the family of her mother, and the above case was punished by the plaintiff's mother-friendly women's parents.

Since then, while the plaintiff was in a business vehicle in Korea, the plaintiff was seriously affected by violence from a person with no name who has found the plaintiff in the plaintiff's house.

Therefore, the Plaintiff constitutes a refugee.

Nevertheless, the instant disposition made by the Defendant on a different premise is unlawful.

(b) The definitions of terms used in this Act shall be as follows:

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