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(영문) 서울행정법원 2016.02.03 2015구단19605
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 November 18, 2013 with the status of stay of the Republic of South Africa (B-2) as a foreigner of the Republic of South Africa (hereinafter “Korea Africa”), and filed an application for refugee status with the Defendant on November 27, 2013.

B. On October 23, 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. The Plaintiff appealed to the Minister of Justice on November 24, 2014, but the foregoing objection was dismissed on September 24, 2015.

[Reasons for Recognition] Unsatisfy, Gap evidence 1, 2, Eul evidence 1 and 2 (including branch numbers), the purport of the whole pleadings

2. Whether the disposition is lawful;

A. The Plaintiff’s assertion was demanded by the Plaintiff to succeed to the status of a liquorr and a traditional clinic at the home that believed a traditional religion sublimeing Yuuu (Oku).

In the early of 2013, the plaintiff had a right to listen to the novels of the parassianians, and thereafter, the plaintiff's father threatened the plaintiff with the death of the plaintiff against the plaintiff's openings.

Therefore, in the event that the Plaintiff’s return to South Korea is apprehended to be persecutiond from the referring on the ground that the Plaintiff refused to succeed to the status of a traditional religious master and a traditional medical doctor, the instant disposition taken on a different premise is unlawful.

나. 관계 법령 ▣ 난민법 제2조 (정의) 이 법에서 사용하는 용어의 정의는 다음과 같다.

1. The term "refugee" means a recognition that he/she is likely to be stuffed on grounds of race, religion, nationality, status as a member of a specific social group, or political opinion;

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