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(영문) 서울행정법원 2016.01.08 2015구단13690
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 November 24, 2012, the Plaintiff entered the Republic of Korea with a short-term visit (C-3) sojourn status as a foreigner of the Republic of Apistan (hereinafter “Apistan”) and applied for refugee status to the Defendant on March 19, 2013.

B. On May 19, 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. On June 25, 2014, the Plaintiff filed an objection with the Minister of Justice on June 25, 2014, but the said objection was dismissed on April 2, 2015.

[Reasons for Recognition] Unsatisfy, Gap evidence 1, 2, Eul evidence 1 and 2 (including branch numbers), the purport of the whole pleadings

2. Whether the disposition is lawful;

A. The Plaintiff’s father and third village inherited and jointly used the land of 40 germ from the Plaintiff’s husband and third village, and around 2005, the Plaintiff’s father died as the heart expenses, and around 2008, the Plaintiff’s third village began to claim that the above land is owned by their own.

The plaintiff's punishment, around February 2013, tried to consult about the issue of land ownership in Jirga, which is a insufficient flag, at the Girga. The plaintiff's death was captured to the people on the personal background presumed to be dead after 10 days thereafter.

Therefore, the instant disposition taken on a different premise is unlawful, even though the Plaintiff’s return to AFO is likely to be stuffed from the private villages due to a dispute over land ownership.

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

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