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(영문) 서울행정법원 2015.10.07 2015구단8810
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 6, 2013, the Plaintiff entered the Republic of Korea with a short-term visit (C-3) sojourn status on the short-term visit on October 6, 2013, and applied for refugee recognition to the Defendant on October 28, 2013.

B. On May 28, 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 June 23, 2014, the Plaintiff filed an objection with the Minister of Justice on June 23, 2014, but the said objection was dismissed on April 2, 2015.

[Reasons for Recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1, the purport of the whole pleadings

2. Whether the disposition is lawful;

A. The Plaintiff’s assertion was the Plaintiff’s food poisoning around August 26, 2005, and the mother’s blood pressure around 2008, and the Plaintiff’s wife died as a traffic accident around 201.

After the plaintiff's death, he succeeded to the property, such as the land, building, coffee farm, etc., which was owned by the plaintiff. From May 2006 to March 2006, the relatives, such as third villages and sama, demanded and threatened the plaintiff's mother to change the entire inherited property and threatened the plaintiff's mother. Since 2009, the plaintiff received an attack from his mother's mother, and the plaintiff sent it to the Monmon, cry, and patri, and the plaintiff'

Therefore, in the event that the plaintiff returned to Kamera, the disposition of this case, which was taken on a different premise, is unlawful even though it is likely that he might be stuffed by relatives for the above reasons

나. 관계 법령 ▣ 구 난민법(2014. 3. 18. 법률 제12421호로 개정되기 전의 것) 제2조 (정의) 이 법에서 사용하는 용어의 정의는 다음과 같다.

1. The term "refugee" means a member of a specific social group of race, religion, nationality, or membership;

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