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(영문) 서울행정법원 2016.08.26 2016구단6804
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 22, 2010, the Plaintiff, a national of the Democratic Republic of the Lao (hereinafter “NE”), entered the Republic of Korea as a non-professional employment (E-9) sojourn status and stayed, and filed an application for refugee status with the Defendant on April 17, 2015, prior to the expiration of the period of stay ( April 21, 2015).

B. On August 24, 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 the Plaintiff would be subject to persecution” as prescribed by 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 that Samykta Jti Maukti Mcora (hereinafter “SJM”) is forcing the Plaintiff to join an organization or to evade money under the pretext of donation in order to maintain and expand its power as a defensive organization that acts for the purpose of self-government in the area of four arms and Dongs.

From around December 2008, the Plaintiff was threatened by SJM’s members to join the SJM organization or to pay contributions. Around August 2009, five members of SJM were threatened with arms and forced to withdraw money by taking advantage of why five members of SJM were found at the Plaintiff’s home and did not make contributions. In addition, on the ground that six members of SJM were found to find the Plaintiff and did not pay contributions, the Plaintiff forced the Plaintiff to take off money, and forced the Plaintiff to take the knife in the course of flight.

SJM received donations from the Plaintiff’s parents by threatening their donation payments after the Plaintiff entered the Republic of Korea, and forced the Plaintiff’s parents to withdraw money and valuables from the Plaintiff’s parents’ house around March 2015.

Therefore, the plaintiff is a refugee based on political opinion.

Nevertheless, the Defendant did so.

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