beta
(영문) 서울행정법원 2015.09.25 2015구단10110

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 17, 2013, the Plaintiff: (a) an alien of the nationality of the Republic of Yemenmen (hereinafter “Emenmen”) entered the Republic of Korea as a sojourn status of tourist Tong (B-2); (b) was staying there; and (c) filed an application for refugee status with the Defendant on October 14, 2013, which was prior to the expiration of the period of sojourn ( October 17, 2013).

B. On September 18, 2014, 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 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] Facts without dispute, Gap evidence 1, 2, Eul evidence 1, Eul evidence 2-1, Eul evidence 2-2, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. In the Plaintiff’s high-speed village B, the Plaintiff’s assertion that the lack of electricity has continued to punish the dispute with the right to use the power generator established by the government due to the lack of electricity.

Plaintiff

On July 3, 2013, the Plaintiff C, which is a shortfall of the shortage, had the right to use the C and the power generator, which is the counterpart shortage, and C died in line with the shoot gun, and C was not punished in accordance with the governmental policy that does not participate in the dispute between the deficiencies. As the Plaintiff’s father killed C’s son.

After that, C also conspired to kill the plaintiff, and the plaintiff, who was scarfed with the fear thereof, has fleded in the Republic of Korea after escaping from the history or area of the foreign third village, and entered the Republic of Korea.

In the preliminary document, there are frequent and insufficient private multiple times in the preliminary document, and thus, there is no need to protect the police. Thus, when the plaintiff returns to the Republic of Korea, he/she constitutes a refugee with high risk of threatening life and body.

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

(b) The terms used in the relevant Act and subordinate statutes (hereinafter referred to as the "Refugee Act") Article 2 (Definitions).

참조조문