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(영문) 서울행정법원 2015.09.25 2015구단7213

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 July 6, 2010, the Plaintiff, a national of the Democratic Republic of the Lao (hereinafter referred to as “NE”), entered the Republic of Korea as a non-professional employment (E-9) sojourn status and stayed with the permission for extension of the period of sojourn, and filed an application for refugee status with the Defendant on April 3, 2015, which was before the expiration of the period of sojourn (E-5 May 5, 2015).

B. On April 27, 2015, the Defendant rendered a disposition of non-recognition of 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 suffer 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.

[Reasons for Recognition] Uncontentious Facts, Gap evidence 1, Eul evidence 1 and 2, and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff asserted that he had been forced by five staff members of the Marinst 208 to act on the premise that he was admitted to the organization, but refused to act on the premise that he was forced to act on the premise that he was admitted to the organization.

The above assistant officers continued to commit robbery and attack by threatening the Plaintiff and demanding the donation of approximately KRW 2 million in the amount of KRW 2,00,000.

On January 21, 2015, the above assistants continued to threaten the Plaintiff’s wife and children, even after they were faced with Korea by assault and intimidation, etc. against the Plaintiff’s family members, and have been unfurned so that the Plaintiff would die when the Plaintiff returned to Korea.

The plaintiff is a refugee since he/she was disadvantaged due to a certain social group's political opinion and is likely to be harmed again, and therefore is a refugee.

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

(b) The definitions of terms used in this Act shall be as follows:

1. “Refugee” means a race, religion, nationality, status or political opinion as a member of a particular social group.

참조조문