logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울행정법원 2015.11.06 2015구단4535
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 March 23, 2013, the Plaintiff entered the Republic of Korea with a visa (B-2) from March 23, 2013, and applied for refugee status to the Defendant on April 19, 2013.

B. On March 7, 2014, the Defendant rendered a disposition of non-recognition of refugee status (hereinafter “instant disposition”) on the ground that the Plaintiff cannot be deemed to have “a well-founded fear of persecution.”

C. The Plaintiff filed an objection with the Minister of Justice on March 25, 2014, but was dismissed on December 16, 2014.

[Reasons for Recognition] Evidence Nos. 1 through 4, Evidence Nos. 1 and 2, and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff asserted that the Plaintiff actively engaged in volunteer activities for the business and the arche employee in the direction of the Simpatha, and on March 3, 2013, following the occurrence of the case where the bomb was placed in the place near the residence, the Plaintiff was threatened by the threat that the Plaintiff would die without leaving the course from the steering staff of the Mashkar-E-Jang (hereinafter referred to as the “LEJ”).

When the plaintiff returns to his own country, the disposition of this case which did not recognize the plaintiff as a refugee despite the risk of persecution from the LEJ is unlawful.

(b) Entry in the attached Form of relevant Acts and subordinate statutes;

C. (1) In full view of the provisions of Article 2 subparag. 3 and Article 76-2(1) of the former Immigration Control Act (amended by Act No. 11298, Feb. 10, 2012); Article 1 of the Convention Relating to the Status of Refugees; and Article 1 of the Protocol Relating to the Status of Refugees, a foreigner in the Republic of Korea who is unable to be protected or does not want to be protected in the country of his/her nationality due to well-founded fear of being persecution for reasons of race, religion, nationality, membership of a specific social group, or political opinion should be recognized as a refugee under the Refugee Convention if so requested.

arrow