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(영문) 서울행정법원 2015.09.25 2015구단5699
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 May 30, 2012, the Plaintiff filed an application for refugee status on July 19, 2012, immediately before the expiration of the period of stay (C-3), after entering the Republic of Korea with the status of short-term visit (C-3) on May 30, 2012.

B. On March 21, 2014, the Defendant rendered a disposition of non-recognition of refugee status (hereinafter “instant disposition”) on the ground that the Plaintiff does not constitute a case where there is a well-founded fear that the Plaintiff would suffer 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.

[Reasons for Recognition] Unsatisfy, Gap evidence Nos. 1, 2, Eul evidence Nos. 1, 2 and 4, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The plaintiff's assertion that Islamic Sari-Pari-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri

On April 3, 2012, the Plaintiff married with B by telephone at home.

The plaintiff's South East East and North Korea died of the plaintiff who suffered an accident in the market.

The plaintiff is threatened with a threat of honorary death from his father and male-child by marriage with other religious ties B and free will.

Therefore, the Plaintiff constitutes a refugee who is stuffed for religious reasons, and the instant disposition taken by the Defendant on a different premise is unlawful.

B. Determination 1) In full view of the provisions of Article 2 subparag. 3 and Article 76-2(1) of the former Immigration Control Act (amended by Act No. 11298, Feb. 10, 2012; Article 1 of the Convention Concerning the Status of Refugees; Article 1 of the Protocol Relating to the Status of Refugees.

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