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(영문) 서울행정법원 2016.04.08 2015구단59191
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 January 5, 2010, the Plaintiff entered the Republic of Korea with the status of non-professional employment (E-9), and stayed with the permission for extension of the period of stay. On January 4, 2013 (G-1) obtained the permission for extension of the period of stay due to the issue of overdue wages, and stayed with the permission for extension of the period of stay on December 26, 2013 when the extension of the period of stay was denied on December 30, 2013, the Plaintiff applied for the recognition of refugee status to the Defendant on December 30, 2013.

B. On September 30, 2014, 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 1, 2, Eul evidence 1 and 2, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion was forced from around 2007 to around 2013 to pay a contribution continuously.

The members of the YCL under the Mastststma (YCL) came to know that the economic situation in the Plaintiff’s home is good and that the Plaintiff’s siblings would impose money out of Korea, and thus, forced the Plaintiff’s family members to die without making a contribution, or threatened the Plaintiff’s family members to participate in the Maststma activities, such as participating in the events of the Maststma.

Accordingly, the plaintiff's family members paid contributions or cooperateed in marina activities.

YCL demanded the Plaintiff, through the Plaintiff’s family member, to pay a contribution on September 2013. The act of compelling the payment of contributions and joining an organization is connected to the political ideology, such as forming a government independent of the four arms, and is also connected to their political routes.

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