logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울행정법원 2016.09.23 2016구단14676
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 13, 2014, the Plaintiff filed an application for refugee status with the Defendant on September 30, 2014, prior to the expiration of the period of stay ( October 11, 2014), while entering the Republic of Liberia (hereinafter referred to as “Liberia”) and staying in the Republic of Korea as a foreigner of the nationality of the Republic of Liberia (hereinafter referred to as “Liberia”).

B. On October 7, 2015, the Defendant rendered a decision 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 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] Unsatisfy, Gap evidence 1, 2, Eul evidence 1 and 2, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. After the Plaintiff’s father’s death in Liberia, her mother remarriedd and her mother did so together with the Muslim slinus. While her mother forced the Plaintiff, who is a slinian slinian slin, her mother went to the Plaintiff, who was a slinal slin slin slin slin slin slin slin

If the above group is aware of the plaintiff and the plaintiff lives as a parasist, it is threatened with life.

Therefore, the Plaintiff constitutes a refugee.

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. The term “refugee” means a foreigner who is unable or does not want to be protected from the country of nationality due to well-founded fear that he/she may be injured on the ground of race, religion, nationality, status as a member of a particular social group, or political opinion, or a foreigner who is unable or does not want to be protected from such fear to return to the country in which he/she resided before entering the Republic of Korea (hereinafter referred to as “or the country in which he/she resided”).

arrow