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(영문) 서울행정법원 2016.01.22 2015구단14877
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 7, 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 September 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] Unsatisfy, Gap evidence 1, 2, Eul evidence 1 and 2, the purport of the whole pleadings

2. Whether the disposition is lawful;

A. The plaintiff's assertion is egbo in the Naoma State of Isoma (Imm) and the egbo of the origin of the area of the Seoul Metropolitan City.

After the completion of elementary school, the Plaintiff moved to the area of North Kao-ro Sab longri, along with his family members.

In around 2001, the father of the plaintiff died, and the status of the plaintiff who was a sasido changed into Islamic school and forced the plaintiff and his family to repent into Islamic school.

On January 2013 to April 2013, the Plaintiff joined Boko Sagle as a Islamic armed organization, and murdered two male and male siblings, respectively.

Therefore, even though the Plaintiff’s refusal to open a species in the case of return to Naria, it was apprehended to be stuffed from Samdo and Boco, the instant disposition made on a different premise is unlawful.

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

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