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(영문) 서울행정법원 2015.11.06 2015구단12314
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 July 20, 2013, the Plaintiff entered the Republic of Korea with the status of stay (B-2) of the Republic of South Africa as a foreigner of the Republic of South Africa (hereinafter “Korea Africa”), and applied for refugee status to the Defendant on September 9, 2013.

B. On June 11, 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 prejudicial 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 30, 2014, the Plaintiff filed an objection with the Minister of Justice on June 30, 2014, but the said objection was dismissed on April 2, 2015.

[Reasons for Recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1, the purport of the whole pleadings

2. Whether the disposition is lawful;

A. As the Plaintiff’s husband died, the Plaintiff’s husband and wife made a will to ask the Plaintiff’s mother, and the Plaintiff’s female mother to leave the Plaintiff’s life.

As a result, the male system of the division threatens the plaintiff and the plaintiff's family members in order to escape from miscarriage, forced the plaintiff from winter in 2012, and forced the plaintiff to do so on June 21, 2013, and forced the village people to go to the place where the plaintiff is to go to the place where the plaintiff was to go to the place where the plaintiff was to go to the place where the plaintiff was reported, and failed to go to the police.

Therefore, in the event that the plaintiff returned to the remaining public, even though there is a possibility that it might be stuffed by the male system of the division of the fraternity and the village that received the death, such as the deprivation of miscarriage and the threat of precedent, the instant disposition taken on a different premise is unlawful.

나. 관계 법령 ▣ 구 난민법(2014. 3. 18. 법률 제12421호로 개정되기 전의 것) 제2조 (정의) 이 법에서 사용하는 용어의 정의는 다음과 같다.

1. The term "refugees" means race, religion, nationality, and specific social group;

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