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(영문) 서울행정법원 2016.03.11 2015구단15856
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 9, 2013, the Plaintiff entered the Republic of Korea on a short-term visit (C-3) visa on October 9, 2013, and applied for refugee recognition to the Defendant on October 15, 2013.

B. On July 11, 2014, the Defendant issued a disposition to recognize refugee status (hereinafter “instant disposition”) on the ground that the Plaintiff cannot be deemed as having “a well-founded fear that the Plaintiff would suffer from persecution” as stipulated in Article 1 of the Convention on the Status of Refugees (hereinafter “Refugee”) and Article 1 of the Protocol Relating to the Status of Refugees (hereinafter “Refugee Protocol”).

C. On August 12, 2014, the Plaintiff filed an objection with the Minister of Justice, but the said objection was dismissed on July 1, 2015.

[Ground of recognition] Evidence Nos. 1 through 4, Evidence Nos. 1 and 2, and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion was that the father, who was the president of the traditional religion, was a vice versa, was required to succeed to the position of president from the village class, as he/she died on March 15, 2011.

As the Plaintiff refused this, the village divers had young young children in March 2012 and threatened the Plaintiff with the tree diversity, and the Plaintiff was sent back to the Abba (Abbba) on March 17, 2012.

Around June 2012, a village has sought a plaintiff again, but the plaintiff was born to another house and avoided an attack, and thereafter entered the Republic of Korea.

In the event that the plaintiff returned to his own country, the disposition of this case made by the defendant on a different premise is unlawful, despite the possibility that the plaintiff might be detrimental to village residents for the same reason.

B. (1) In full view of the provisions of Article 2 subparag. 1 and Article 18 of the Refugee Act, Article 1 of the Refugee Convention, and Article 1 of the Refugee Protocol, determination is made due to a well-founded fear of persecution for reasons of race, religion, nationality, membership of a particular social group or political opinion.

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