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(영문) 서울행정법원 2016.02.26 2015구단15801
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 9, 2013, the Plaintiff filed an application for refugee status with the Defendant on October 16, 2013, when entering and staying in the Republic of Korea on a short-term visit (C-3) sojourn status as of October 9, 2013, which was prior to the expiration date of the period of stay ( October 19, 2013).

B. On August 12, 2014, the Defendant rendered a decision to deny refugee status (hereinafter “instant disposition”) on the ground that the Plaintiff does not constitute a case where there is a well-founded fear that the Plaintiff would be subject to persecution” as prescribed by Article 1 of the Convention on the Status of Refugees and Article 1 of the Protocol Relating to the Status of Refugees.

[Reasons for Recognition] Unsatisfy, Gap evidence 1, 2, Eul evidence 1 and 2, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The plaintiff's assertion is a para-din as a para-dipian, who was born in the Modip State, and died in the ri-gu bus owner after his father's death.

The plaintiff's traditional religion was sublimeing B's traditional religion in the native village, and the father of the plaintiff was the lack of traditional religion.

Plaintiff

As father died in around 1985, village people demanded the plaintiff to succeed to the shortage.

However, the plaintiff's refusal to succeed to the short-term position due to the lack of a so-called so-called a threat to the will of the members of the high-speed village to kill the plaintiff.

Therefore, when the plaintiff returned to Korea, the plaintiff constitutes a refugee who is in danger of persecution, such as threat of life, etc.

Nevertheless, the instant disposition made by the Defendant on a different premise is unlawful.

(b) The definitions of terms used in this Act shall be as follows:

1."Refugees" shall be free or protected due to well-founded fears recognizing that he/she may be detrimental to his/her nationality for reasons of race, religion, nationality, status as a member of a particular social group, or political opinion.

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