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(영문) 서울행정법원 2016.01.08 2015구단60368
난민불인정처분취소
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 July 15, 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 “the Republic of South Africa”), and applied for refugee recognition to the Defendant on October 10, 2013.

B. On July 15, 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. The Plaintiff filed an objection with the Minister of Justice on August 4, 2014, but the said objection was dismissed on July 1, 2015.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, Eul evidence Nos. 2 and 3 (including branch numbers, if any) and the purport of the whole pleadings

2. Whether the disposition is lawful;

A. The Plaintiff’s assertion is the Plaintiff’s attitude toward the Republic of Korea as Sekhukhune area in the Republic of Korea as Seakedi in the Republic of Korea. The Plaintiff’s assertion is the Plaintiff’s attitude toward the Republic of Korea.

Around 2010, the father of the Plaintiff married with a woman benta, a Venda, and the Plaintiff forced the Plaintiff to believe that he/she believed, and the Plaintiff refused this, thereby threatening the Plaintiff with sound and knife.

The plaintiff thought that the plaintiff could die using the black stimul called "Ie", and the plaintiff escaped to the Republic of Korea regardless of the remainder of the damage.

Therefore, the instant disposition taken on a different premise is unlawful, even though the Plaintiff could be stuffed on the ground that she did not believe a religion that she believed in the case of the Plaintiff’s return to South Korea.

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

1. The term "refugee";

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