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(영문) 서울행정법원 2015.06.26 2015구단3211
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. The plaintiff is a foreigner of the nationality of the Republic of Austria (Federia, hereinafter referred to as "Naria"), who entered the Republic of Korea on March 4, 200, and left the Republic of Korea on March 13, 2003. On December 1, 2003, the plaintiff re-entered the Republic of Korea on December 1, 2003, and left the Republic of Korea on January 3, 2004.

On December 25, 2012, the Plaintiff entered the Republic of Korea as a short-term visit (C-3) sojourn status on a short-term visit (C-3) and was staying there, and applied for refugee status to the Defendant on April 23, 2013.

B. On March 5, 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 April 4, 2014, but the said objection was dismissed on December 16, 2014.

[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 was sought to kill the Plaintiff in order to escape the Plaintiff’s property, and Boham, a Islamic armed group, was a normal point operated by the Plaintiff on the ground that Boham was a new shot.

In the event that the plaintiff returns to Austria, there is a well-founded fear that there is a well-founded ground for the plaintiff to be imprisoned from three villages or Boco Ban.

Therefore, the instant disposition is unlawful on a different premise.

나. 관계 법령 ▣ 구 출입국관리법(2012. 2. 10. 법률 제11298호로 개정되기 전의 것) 제2조 (정의) 이 법에서 사용하는 용어의 정의는 다음과 같다.

3. The term "refugee" means Article 1 of the Convention on the Status of Refugees (hereinafter referred to as the "Refugee Convention") or the status of a refugee;

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