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(영문) 서울행정법원 2015.06.12 2015구단3044
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 November 12, 201, the Plaintiff entered the Republic of Korea for the first time and left the Republic of Korea on February 21, 201, and entered the Republic of Korea on a short-term visit (C-3 and 30 days of stay) on July 28, 2012, and had the Defendant applied for recognition of refugee on October 2, 2012.

B. On March 26, 2014, the Defendant rendered a disposition rejecting the recognition of refugee status (hereinafter “instant disposition”) on the ground that the Plaintiff cannot be deemed to have “a well-founded fear of 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 March 31, 2014, the Plaintiff filed an objection with the Minister of Justice on March 31, 2014, but the objection was dismissed on December 16, 2014.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1 to 3, the purport of the whole pleadings

2. Whether the disposition is lawful;

A. The Plaintiff’s assertion is the Gabo’s believers from Naba Aba (Aba) origin. The Plaintiff is the Gago’s believers.

The members of the traditional religious group, who followed the belief of "Mang Abali", forced the Plaintiff to succeed to a private position, but the Plaintiff, a frier, was rejected.

There is a well-founded fear that the members of the above religious group will be disadvantaged for religious reasons.

Therefore, the instant disposition is unlawful on a different premise.

나. 관계 법령 ▣ 구 출입국관리법(2012. 2. 10. 법률 제11298호로 개정되기 전의 것) 제2조 (정의) 이 법에서 사용하는 용어의 정의는 다음과 같다.

3. The term "refugee" means Article 1 of the Convention on the Status of Refugees (hereinafter referred to as the "Refugee Convention") or the Protocol Relating to the Status of Refugees;

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