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(영문) 서울행정법원 2016.03.31 2015구단22274
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 May 1, 2014, the Plaintiff filed an application for refugee status with the Defendant on May 21, 2014 while entering the Republic of ASEAN (C-3) and staying in the Republic of Korea for short-term visit visa (C-3).

On June 3, 2015, the Defendant rendered a disposition not to approve the Plaintiff’s application for refugee status (hereinafter “instant disposition”) on the ground that the Plaintiff’s assertion does not constitute “a well-founded fear of persecution” as stipulated in Article 1 of the Refugee Convention and Article 1 of the Refugee Protocol.

The Plaintiff filed an objection with the Minister of Justice on July 2, 2015, but the said objection was dismissed on the same ground as September 24, 2015, and the said dismissal decision was notified to the Plaintiff on October 16, 2015.

【Ground of recognition” without any dispute, the Plaintiff’s assertion as to the legitimacy of the instant disposition as stated in Gap’s evidence Nos. 1 through 4, and Eul’s evidence Nos. 1, and the Plaintiff lost her husband and her children due to the Plaintiff’s attack at school of Bochii, a Islamic armed terrorist organization, during his/her stay in Nariaia.

Therefore, the defendant's disposition of this case which did not recognize the plaintiff as a refugee is unlawful even though the plaintiff is highly likely to be stuffed from Bococon when the plaintiff returned to Naria.

Judgment

In addition to the above-mentioned facts, it is insufficient to view that there is a well-founded fear of persecution to the Plaintiff in full view of the following circumstances, and there is no evidence to acknowledge otherwise. Thus, the defendant's disposition of this case is legitimate.

The plaintiff's assertion on the time when the plaintiff got married with her husband, the time when she moved mainly to her husband, the time when terrorism occurred, etc. is inconsistent and inconsistent with each other, so the plaintiff's statement has a lot of credibility.

Even if there is a shock of terrorism or in the process of applying for refugee status, the statement is made with various special issues.

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