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(영문) 서울행정법원 2016.04.08 2015구단16767
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 15, 2013, the Plaintiff filed an application for refugee status with the Defendant on October 23, 2013, prior to the expiration date of the period of stay ( November 4, 2013), when having entered and staying in the Republic of Korea for a short-term visit (C-3) status on October 15, 2013.

B. On September 11, 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 father’s assertion was the president of the local group religious faith of Ageia High Village, and the group was once a year, and the Plaintiff’s father had the tradition of killinging boys as a product.

The father and the above religious shortage of the plaintiff were forced to succeed to the status of the president when the father of the plaintiff died from 2009, and at the time, the plaintiff accepted it.

After his father died, the Plaintiff had a strong religious faith with the strong solicitation of her mother, and the demand for succession to the president centered on the shortage was also made, which eventually threatened the Plaintiff with the death of her mother on September 12, 2013.

The plaintiff refused to hold the president position due to religious faith and values with respect to the arche so that he/she was threatened with intimidation and danger and injury from the above local group.

Therefore, the Plaintiff constitutes a refugee who is likely to be injured by religious gambling when returning to Korea.

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

(b) Article 2 (Definition of Refugee Act) of the relevant Act and subordinate statutes.

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