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(영문) 서울행정법원 2015.09.23 2015구단5545
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 March 20, 2013, the Plaintiff entered the Republic of Korea with a short-term visit (C-3) sojourn status on March 20, 2013, and applied for refugee recognition to the Defendant on May 30, 2013.

B. On May 26, 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 June 11, 2014, but the said objection was dismissed on April 2, 2015.

[Reasons for Recognition] Unsatisfy, Gap evidence 1, 2, Eul evidence 1 to 3, the purport of the whole pleadings

2. Whether the disposition is lawful;

A. The plaintiff's assertion (i) around 1997, the plaintiff was raped to a male on his identity in 197, and even around June 2009, when the above male in his identity was about to rape the plaintiff, and led to the death of the male head by sexual intercourse.

The plaintiff was arrested and investigated by the police in the above case, but was recognized as self-defense and released.

Since then, the parents and siblings of a male have prepared a string of the plaintiff in order to make the plaintiff multiple, and the plaintiff will die.

When the father of the plaintiff died without his will, there is a dispute in relation to the inherited property between Do governor and large Do governor by taking away the plaintiff's house.

Article 22(1) of the Civil Act provides that the disposition of this case taken on a different premise is unlawful, even though it is likely that the Plaintiff might be subject to gambling from Rape’s family members who died, on the ground that the Plaintiff would return to Mamera.

나. 관계 법령 ▣ 구 출입국관리법 2012. 2. 10. 법률 제11298호로 개정되기 전의...

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