beta
(영문) 서울행정법원 2015.10.02 2015구단7930

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 is well-known.

On September 1, 2013, the Republic of Korea entered the Republic of Korea with short-term visit (C-3) sojourn status on September 1, 2013, and filed an application for refugee status with the Defendant on September 30, 2013.

B. On June 18, 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 July 2, 2014, the Plaintiff filed an objection with the Minister of Justice on July 2, 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 is favorable from around 2007 to the plaintiff.

In Cambodia’s elementary school, the Plaintiff served as a teacher to teach hydroscience and science. On July 23, 2013, the Plaintiff, who personally folded from the above school, made a window using the electricity of the school, resulting in a fire, resulting in the Plaintiff’s death of three students at the above school.

Since then, the teachers-parents association of the above schools determined that the above accident occurred due to the negligence of duties of the plaintiff, and decided to prosecute the plaintiff.

The plaintiff should bear responsibility for the above accident or be harmed by the teachers or parents of the same teachers or parents.

Therefore, the plaintiff is likely to do so.

In the event of return to Korea, the instant disposition taken on a different premise is unlawful, even though it is likely that the said disposition might be stuffed by the judicial institution, teachers, and parents for the said reasons.

나. 관계 법령 ▣ 구 난민법(2014. 3. 18. 법률 제12421호로 개정되기 전의 것) 제2조...

참조조문