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(영문) 서울행정법원 2016.06.10 2015구단14693
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 February 19, 2013, the Plaintiff, a foreigner of the Republic of Mari (hereinafter “Mari”)’s nationality, entered the Republic of Korea as a short-term visit (C-3) sojourn status and stayed, and filed an application for refugee status with the Defendant on March 20, 2013, prior to the expiration date of the period of stay ( March 21, 2013).

B. On June 12, 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 asserted that the Plaintiff visited his/her parents for 3-4 months each year in order to operate a Malaco's Malaco's cell phone, clothes, and otobs, etc. in order to assist livestock business. On January 10, 2013, the Plaintiff: (a) visited his/her Malaco's northwest, the MaUJAO, and the Mansar Ansaridine, an armed terrorist organization, with influence over his/her coaches or regions; (b) went through the gambling of the Plaintiff's family members to kill the Plaintiff's family members on January 9, 2013; and (c) forced the Plaintiff and his/her family members on January 10, 2013, and followed the Sharia's Shari Act; and (d) murdered the Plaintiff on January 13, 2013.

The plaintiff escaped to the Mamaco of the south of Mari, but the possibility of attack is so high that it could be attacked with anti-military suspicion.

Therefore, the Plaintiff constitutes a refugee who is likely to be injured for reasons of religion and political opinion when returning to Korea.

Nevertheless, the Defendant.

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