logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울행정법원 2015.08.21 2015구단6470
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 July 29, 2012, the Plaintiff entered the Republic of Korea on a short-term visit (C-3 and 30 days of stay) on July 29, 2012, and applied for refugee status to the Defendant on August 8, 2012.

B. On March 20, 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 suffer 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] 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 from Egbo, and around 207, the plaintiff was designated as a next subject from the village source, following the death of the smobo that was the native village.

However, the plaintiff, who is a dysium, refused to nominate a private task and was detained by the village people and threatened with murder.

In 208, the Plaintiff was living with the female from Kaoo who was living with the female from Kao, and was living with the female from Kao. However, on November 201, 201, the Plaintiff died of the female living with the female and the baby by going to the Plaintiff's house as a large terrorist terrorist.

Therefore, since the Plaintiff is threatened with murder, it constitutes a refugee, the instant disposition taken by the Defendant on a different premise is unlawful.

B. 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, the Defendant is persecutioning on grounds of race, religion, nationality, membership of a specific social group, or political opinion.

arrow