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(영문) 서울행정법원 2016.01.08 2015구단15221
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 entered the Republic of Korea on September 20, 2013 with the status of stay of the Republic of South Africa (B-2) 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 16, 2013.

B. On July 30, 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. On August 1, 2014, the Plaintiff filed an objection with the Minister of Justice on August 1, 2014, but the said 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 asserted that the Plaintiff lived with his parent’s divorce, which is the event (Venda) of the South Hahnan Island from the South Hahn Seneg, and was living far away from his parent.

원고는 2012.경 부친이 사망하자 2013. 7.경 모친을 찾아 무샤샤(Moshasha)를 방문하였는데, 모친의 권유로 마을의 전통의식에 참가하던 중 위 전통의식이 여성 할례를 행하는 의식이고 원고와 함께 전통의식에 참가하였던 여성 한 명이 할례를 받다가 과다출혈로 사망했다는 사실을 알고 도망쳐 다시 요하네스버그로 돌아갔다.

Since then, the plaintiff's mother was forced to end the above traditional consciousness from the old wave that had been driving in the case of the plaintiff's mother and the plaintiff's mother's mother and the plaintiff's mother's mother should be found and the above traditional consciousness should be finished and the above traditional consciousness can be finished, and if refused, it threatened the village's death.

Therefore, in the event that the plaintiff returns to the Republic of Korea, he/she shall participate in the traditional style of women's ceremony.

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