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(영문) 서울행정법원 2015.11.13 2015구단12703
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 entered the Republic of Korea with a short-term visit (C-3) sojourn status on October 15, 2013, and applied for refugee status to the Defendant on October 15, 2013.

B. On August 1, 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 prejudicial 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 September 15, 2014, the Plaintiff filed an objection with the Minister of Justice on September 15, 2014, but the said objection was dismissed on July 1, 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. On the ground that the Plaintiff’s father, a character bridge, was sealed by the police, the Plaintiff’s wife and two women living together with the Plaintiff, killed all of the families except the Plaintiff, and threatened the Plaintiff with his/her residence, finding the Plaintiff’s return to his/her residence and killing the Plaintiff, separate from his/her family members, on the ground that the Plaintiff’s Plaintiff’s father, a character bridge, was sealed by the police.

Therefore, the disposition of this case, which was taken on a different premise, is unlawful, even though it is likely that the plaintiff's her her 's 's 's 's 's 's 's 's 's 's 's 's '

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

1. The term "refugee" shall be sufficient to recognize that he/she is likely to be disadvantaged on the ground of race, religion, nationality, status as a member of a specific social group, or political opinion;

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