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(영문) 서울행정법원 2016.10.21 2016구단22004

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 September 27, 2010, the Plaintiff entered the Republic of Korea for non-professional employment (E-9) status, and stayed, and filed an application for refugee status with the Defendant on July 24, 2015, prior to the expiration of the period of stay ( July 26, 2015).

B. On August 20, 2015, 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 Nos. 1 through 4, Eul evidence Nos. 1 and 2, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion was engaged in community service activities in four arms as a member of the UMF, and was also threatened by KRM, an illegal organization that is not good, with contribution and intimidation.

Therefore, the Plaintiff constitutes a refugee.

Nevertheless, 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. The term "refugee" means a foreigner who is unable or does not want to be protected from the country of his/her nationality due to well-founded fear that he/she may be injured on the grounds of race, religion, nationality, status as a member of a specific social group, or political opinion, or a stateless foreigner who, owing to such fear, is unable or does not want to return to the country in which he/she resided before entering the Republic of Korea (hereinafter referred to as "state of his/her nationality");

C. In light of the following circumstances, comprehensively taking account of the respective descriptions in subparagraphs 1 through 4 and the purport of the entire pleadings, the evidence and arguments submitted by the Plaintiff are all considered.

참조조문