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(영문) 서울행정법원 2016.04.08 2015구단17708
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 4, 2013, the Plaintiff filed an application for refugee status with the Defendant on September 8, 2013, when having entered and staying in the Republic of Korea on a short-term visit (C-3) sojourn status on September 8, 2013, which was prior to the expiration date of the period of stay ( October 8, 2013).

B. On July 28, 2014, the Defendant rendered a decision 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 1, 2, Eul evidence 1-1, 2, Eul evidence 2, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s father and mother alleged that they were dysians, but most residents of the Plaintiff’s village residing in the Plaintiff believed to be hysians, and in particular, the Plaintiff’s father believed to be hysians.

The plaintiff and the plaintiff's family members were believed to believe that Shaman's believers not only worships nor sacrines but also sacrines could harm other persons by using alcoholic beverages, and they rejected the plaintiff's and the plaintiff's family members.

Accordingly, the relationship between the plaintiff's family members and the second avoidance was formed, and around 2008, the plaintiff's mother died, including the death of the plaintiff's mother.

Accordingly, the plaintiff feel fear and was sent to the Republic of Korea.

Therefore, the Plaintiff constitutes a refugee.

Nevertheless, the instant disposition made by the Defendant on a different premise is unlawful.

(b) The definitions of terms used in this Act shall be as follows:

1. “Refugees” shall be understood as being stuffed on the ground of race, religion, nationality, status as a member of a particular social group or political opinion.

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