logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울행정법원 2015.12.11 2015구단13645
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 August 16, 2013, the Plaintiff, as a foreigner of the nationality of the Republic of Yemen (hereinafter “Emenmen”), entered the Republic of Korea as a visa with the Tourism Department (B-2). On September 12, 2013, the Plaintiff filed an application for refugee status with the Defendant.

B. On July 3, 2014, the Defendant rendered a disposition of non-recognition of refugee status (hereinafter “instant disposition”) on the ground that the Plaintiff cannot be deemed as having a well-founded fear that he would suffer from persecution” as stipulated in Article 1 of the Convention on the Status of Refugees (hereinafter “Refugee”) and Article 1 of the Protocol Relating to the Status of Refugees (hereinafter “Refugee Protocol”).

C. On August 4, 2014, the Plaintiff filed an objection with the Minister of Justice, but the said objection was dismissed on July 1, 2015.

[Ground of recognition] Evidence Nos. 1 through 3, Evidence Nos. 1 and 2, and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff asserted that, around February 22, 2012, the Plaintiff: (a) took the ment of the Plaintiff’s family members, and (b) took part in the goods warehouse managed by the Plaintiff’s family members for robbery; (c) died of two persons in the process; and (d) the Malofs tried to kill the Plaintiff in order to take retaliation against the Malofs.

At the time, the Plaintiff, who was in AD, was able to listen to the foregoing novels from the mother of the Plaintiff, left the Republic of Korea to Malaysia, and even Malaysia was also able to kill the Plaintiff if Malaysia returned to mentor.

In addition, since there is a well-founded fear that the security of home country is unstable due to internal war, etc. and that there is a concern that the plaintiff might be stuffed if he returns to mentmen, the instant disposition that did not recognize the plaintiff as a refugee is unlawful.

(b) Entry in the attached Form of relevant Acts and subordinate statutes;

C. (1) Determination of the Refugee Act.

arrow