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(영문) 서울행정법원 2015.10.16 2015구단9929
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 December 11, 2013, the Plaintiff entered the Republic of Korea as a foreigner of the Republic of South Africa’s nationality (hereinafter “the Republic of South Africa”), and applied for refugee recognition to the Defendant on January 6, 2014.

B. On October 23, 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 subject 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 appealed to the Minister of Justice on November 14, 2014, but the foregoing 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. On August 2013, 2013, where the Plaintiff’s assertion that the Plaintiff had resided in the Republic of Korea, various crimes, such as vehicle theft, rape, robbery, etc. were charactered, and around the village visitors’ vehicle was stolen, three persons, including the Plaintiff, filed a report on the theft of the said vehicle with the police as the result of the village conference.

On the day following the report date, the police arrested two of the larcenys, and the remaining three of them abscond.

Since then, one reporter, except the plaintiff, died in line with the total of larcenys, and the rest of one person was knife in the knife, and the plaintiff was also threatened with murder.

Therefore, in the event that the Plaintiff returned to the Republic of Korea, the instant disposition taken on a different premise is unlawful, despite the possibility of harming the organization of larceny.

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

1. The term "refugee" means race, religion, nationality, and nationality;

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