logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울행정법원 2015.10.23 2015구단9387
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 June 8, 2010, the Plaintiff entered the Republic of Korea as a foreigner of the Federal Democratic Republic (hereinafter “NE-9”)’s nationality, and was staying in the Republic of Korea for extension of the period of stay on March 17, 2015, and applied for refugee status to the Defendant on March 17, 2015.

B. On March 30, 2015, 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 subject 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.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, Eul evidence Nos. 1 to 3, the purport of the whole pleadings

2. Whether the disposition is lawful;

A. The Plaintiff’s assertion is a bridged bridge from the NAja-06-Emar (Arji). Since 2005, the Plaintiff was forced to pay donations from local Muslim and paid a contribution of approximately one million Korean Won around 2009. However, regional Muslim sought to find the Plaintiff’s father around December 201 and made a threat that the Plaintiff’s family members will drive away from the village if they did not pay the contribution at around five million Korean Won, even around December 2014.

Therefore, the instant disposition, which was taken on a different premise, was unlawful, even though the Plaintiff could be stuffed from the regional sleeps on the ground that it was an hived bridge when the Plaintiff returned to the Republic of Korea.

나. 관계 법령 ▣ 난민법 제2조 (정의) 이 법에서 사용하는 용어의 정의는 다음과 같다.

1. The term "refugee" means a foreigner who is unable or does not want to receive protection from a country of his/her nationality due to well-founded fear to recognize that he/she may be injured by race, religion, nationality, status as a member of a specific social group, or political opinion;

arrow