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(영문) 서울행정법원 2015.11.20 2015구단10066
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 with a short-term visit (C-3) sojourn status on October 15, 2013, and applied for refugee status to the Defendant on October 15, 2013.

B. On August 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 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. On August 28, 2014, the Plaintiff filed an objection with the Minister of Justice on August 28, 2014, but the said objection was dismissed on July 1, 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 as an Ambra’s Embra’s origin. The Plaintiff’s assertion is a parasidou as an Igbo.

In addition to the plaintiff's family members, the "Okison" was newly added to the plaintiff's traditional religion, and the father of the plaintiff was changed to the Doctrine in around 2012, and the plaintiff's father was changed to the Doctrine, and the problems of the above traditional religion might be detrimental to the plaintiff as drinking.

Therefore, the disposition of this case, which was taken on a different premise, is unlawful, despite the possibility that the plaintiff might be stuffed from the family members who believe traditional religion when he returns to Austria.

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

1. The term "refugee" means a foreigner who is unable or does not want to receive protection from a country of his/her nationality due to well-founded fear of being recognized that he/she may be injured on the ground of race, religion, nationality, status as a member of a specific social group, or political opinion;

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