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(영문) 서울행정법원 2016.01.15 2015구단17432
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 August 8, 2014, the Plaintiff entered the Republic of Korea with a short-term visit (C-3) status on the short-term visit (hereinafter “C-3”), and filed an application for refugee status with the Defendant on October 29, 2014.

B. On November 20, 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 subject 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. The Plaintiff filed an objection with the Minister of Justice on January 2, 2015, but the said objection was dismissed on September 24, 2015.

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

2. Whether the disposition is lawful;

A. The Plaintiff’s assertion is a parasidou (Igbo)-based ebba (Abba)-based eba (Aba)-based eba.g.

On May 30, 2014, in order to attend the funeral ceremony of the father, the Plaintiff visited a Mabono village (Mbano) with his father's top-down, but was forced by the local group of "Mboman (Ogbron)" to follow his father's rear and be a member of the above organization, but rejected it on the ground that he is a Maboon.

For this reason, Ogman's members threatened the Plaintiff, and the Plaintiff kidnapped the Plaintiff's mother in order to identify the whereabouts of the Plaintiff who escaped in Korea.

Therefore, the instant disposition, which was made on a different premise, is unlawful, even though the Plaintiff’s refusal to join the Oralian organization was likely to suffer persecution from its members, on the ground that it refused to join the Oralian organization.

나. 관계 법령 ▣ 난민법 제2조 (정의) 이 법에서 사용하는 용어의 정의는...

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