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(영문) 서울행정법원 2016.02.19 2015구단17685
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 December 28, 2014, the Plaintiff entered the Republic of Korea with a short-term visit (C-3) sojourn status on a short-term visit (C-3), and applied for refugee status to the Defendant on January 9, 2015.

B. On January 29, 2015, 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 February 11, 2015, the Plaintiff filed an objection with the Minister of Justice on February 11, 2015, 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. On October 1, 2013, the Plaintiff’s assertion was killed as a traffic accident by the Plaintiff, and the Plaintiff, the captain, succeeded to the entire property of the Plaintiff, including the land and 50 mags, according to the tradition he handled by the Plaintiff.

The plaintiff's 's 's 's 's 's '4' was set up, and the third 's 's 's '' was demanded to distribute a miscarriage to the plaintiff, and the third 's 's 's 's 's 's 's 's 's 's 's'

Therefore, the disposition of this case made on different premise is unlawful even though the plaintiff could be stuffed from his appearance demanding the distribution of heritage when the plaintiff returned to Kamera.

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

1. The term "refugee" means the protection of a country of nationality due to fear of being well-founded to recognize that he/she may be injured on the ground of race, religion, nationality, status as a member of a particular social group, or political opinion;

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