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(영문) 서울행정법원 2015.03.27 2014구합20056
난민불인정결정취소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

Details of the disposition

On August 26, 2013, the Plaintiff entered Korea on August 26, 2013 and applied for refugee status to the Defendant on September 2, 2013.

On February 3, 2014, the Defendant rendered a disposition of non-recognition of refugee status (hereinafter “instant disposition”) on the ground that the Plaintiff cannot be deemed as having “a well-founded fear of persecution” (see Article 2 subparag. 1 of the Refugee Act).

The Plaintiff filed an objection with the Minister of Justice on February 27, 2014, but the said objection was dismissed on September 30, 2014.

[Based on recognition, the Plaintiff’s assertion as to the legitimacy of the instant disposition and the purport of the entire pleadings as to Gap’s evidence Nos. 1, 2, and Eul’s evidence Nos. 1, 2, and 1 and 2 together with his family.

The father of the plaintiff was the traditional religious memorial hall in the village B, but the plaintiff died on February 2013 and succeeded to the above funeral position.

However, the Plaintiff, while succeeding to the position of the head of Naria's traditional religion, refused to succeed to the position of the head of the above head of the private school because he/she is against the religion of Maternia.

Therefore, since the village residents threaten the plaintiff's life and body, there is a fear that there is a sufficient ground for gambling in case the plaintiff returns to Nalyria.

As such, the Plaintiff ought to be deemed a refugee. As the Defendant did not recognize the Plaintiff as a refugee, the instant disposition is unlawful.

The burden of proof on the existence of “a well-founded fear of persecution,” which is a requirement for refugee status, is a foreigner applying for refugee status (see Supreme Court Decision 2007Du19539, Jul. 24, 2008). In relation to the circumstance that the Plaintiff is likely to be persecution in Hungary, the Plaintiff shall submit any data other than that of his father’s father’s father’s subordinate news.

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