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(영문) 서울행정법원 2016.08.08 2016구단10841
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. The Plaintiff entered the Republic of Korea on May 19, 2014 under the short-term visit (C-3) sojourn status as a foreigner of the Republic of Canada (hereinafter “C-3”), and applied for refugee status to the Defendant on June 2, 2014.

B. On October 2, 2015, the Defendant issued a disposition to recognize refugee status (hereinafter “instant disposition”) on the ground that the Plaintiff cannot be deemed as having “a well-founded fear that the Plaintiff would suffer from persecution” as stipulated in Article 1 of the Convention on the Status of Refugees (hereinafter “Refugee”) and Article 1 of the Protocol Relating to the Status of Refugees (hereinafter “Refugee Protocol”).

C. On October 30, 2015, the Plaintiff filed an objection with the Minister of Justice on October 30, 2015, but the said objection was dismissed on March 23, 2016.

[Ground of recognition] Facts without dispute, Gap 1, 2 evidence, Eul 1 and 2 evidence, the purport of the whole pleadings

2. Whether the disposition is lawful;

A. In the Plaintiff’s assertion B village, the father, the president of the traditional Religious IKPE School, died on March 2013, and his father, who was his father, designated the Plaintiff as the president on the ground that he was the Plaintiff as the next president.

However, the Plaintiff refused succession due to his/her failure to participate in the Plaintiff’s sexual intercourse and he/she could not be involved in the malicious behavior, and the alcoholic beverageian, on March 25, 2013, killed the Plaintiff’s double-presidential system with its specifications. Nevertheless, upon the Plaintiff’s continued refusal of succession, the Plaintiff’s mother was killed on January 15, 2014, and the Plaintiff’s head was attacked by attacking the Plaintiff.

The plaintiff reported to the police, but the police neglected the report.

If the plaintiff returned to Kamera for the above reasons, the disposition of this case which did not recognize the plaintiff as a refugee is unlawful despite the possibility of persecution.

B. (1) In full view of the provisions of Article 2 Subparag. 1 and Article 18 of the Refugee Act, Article 1 of the Refugee Convention, and Article 1 of the Refugee Protocol, race, religion, and religion.

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