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(영문) 서울행정법원 2016.07.22 2016구단4297
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 6, 2010, the Plaintiff entered the Republic of Korea as a foreigner with the nationality of the Democratic Republic of Netherlands (hereinafter “NE”) and stayed with the permission for extension of the period of sojourn upon obtaining the status of non-professional employment (E-9) sojourn on July 6, 2010, and filed an application for refugee status with the Defendant on May 8, 2015, after the expiration of the period of sojourn (E-5 May 5, 2015).

B. On June 16, 2015, 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 would be detrimental to a person’s status” as a 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. From around 2004, the Plaintiff asserted that the Plaintiff continued to make a village unit organization from the SJM’s assistance staff, and thus, was threatened to the Plaintiff’s activities as a member or rewarding donations.

On April 7, 2015, when the plaintiff was staying in the Republic of Korea, 3 SJM’s staff members found in the plaintiff’s native house and threatened the plaintiff’s father to make a contribution to the plaintiff’s father and refused to make a contribution, thereby causing physical harm to the plaintiff’s father. The plaintiff’s vegetation, who prevented it, took the plaintiff’s vegetation into account the vegemon, and went away from the vegemon, etc.

The coercion of the SJM to join the SJM's organization and the coercion of donations are for the purpose of achieving the political ideology such as securing autonomy and expanding its power.

Therefore, the plaintiff is a refugee who was stuffed on the grounds of political opinion.

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

(b) The definitions of terms used in this Act shall be as follows:

1. “Refugee” means race, religion, nationality, specific.

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