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(영문) 서울행정법원 2015.09.04 2015구단7190
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 October 28, 2012, the Plaintiff entered the Republic of Korea with a short-term visit (C-3) sojourn status on the short-term visit (C-3), and filed an application for refugee status with the Defendant on November 23, 2012.

B. On May 12, 2014, the Defendant rendered a disposition of non-recognition of refugee status (hereinafter “instant disposition”) to the Plaintiff on the ground that the Plaintiff cannot be deemed as having “a sufficiently-founded fear of persecution” as stipulated in 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 20, 2014, the Plaintiff filed an objection with the Minister of Justice, but the said objection was dismissed on April 2, 2015.

[Reasons for Recognition] Gap evidence Nos. 1 through 4, Eul evidence Nos. 1 through 3 (including paper numbers), the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion was urged by the former husband B to join a confidential organization in the Republic of South Africa, and the Plaintiff was detained and threatened several times due to his refusal to join the said organization.

On July 17, 2009, when the plaintiff was married with her husband and was married with her husband, the former husband was liable for the failure of marriage to her husband at the present time, and made several threatening calls, and the plaintiff was able to harm the plaintiff and her husband and entered the Republic of Korea.

In the event that the plaintiff returned to his home country, there is a risk of retaliation from a member of a specific group, and there are sufficient grounds for causing fear of such gambling. Thus, the defendant's disposition that did not recognize the plaintiff as a refugee is unlawful.

(b) as shown in the attached Form of the relevant statutes;

(c) In order to be recognized as a refugee, the applicant for refugee status must have a well-founded fear of persecution in his or her country.

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