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(영문) 서울행정법원 2015.10.16 2015구단9509
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 December 8, 2013, the Plaintiff entered the Republic of Korea with the status of stay (B-2) of the Republic of South Africa as a foreigner of the Republic of South Africa (hereinafter “Korea Africa”), and filed an application for refugee status with the Defendant on January 7, 2014.

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 14, 2014, but the foregoing 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 father’s assertion was a shortage in the South Daurban B Village, but the father of the Plaintiff died around June 8, 2013, and the Plaintiff was designated as a next site due to the tradition succeeding to the shortage of the Plaintiff’s father, if the shortage was deceased, the Plaintiff was designated as a next site due to succession to the shortage of the Plaintiff’s father.

The plaintiff refused to succeed to a short-term position on the ground that it violates the plaintiff's religious faith by providing the awareness of killing a person in the short-term succession ceremony as a model of chronology, but the village residents forced the plaintiff to succeed to a short-term position.

Since then, the Plaintiff, who had been forced to succeed to the short-term position of the village people, has moved to and settled down to the Ethiosberg. At this point, the Plaintiff, even though having been stolen of the donation amounting to approximately 486,000 mal. ($ 48,000) that the village has left to the Plaintiff, was misunderstanding that it stolen it, and was threatened with murder from the village.

Therefore, in the event that the Plaintiff returned to the Republic of Korea, the village that had been resided before the relocation for the above reason and the village that moved.

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