logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울행정법원 2016.09.09 2016구단10353
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 April 9, 2015, the Plaintiff filed an application for refugee status with the Defendant on May 4, 2015, following the expiration date of the period of stay ( April 16, 2015), when entering the Republic of Ghana for a short-term visit (C-3) sojourn on April 9, 2015.

B. On October 29, 2015, the Defendant rendered a decision on the recognition of refugee status (hereinafter “instant disposition”) on the ground that the Plaintiff does not constitute a case of “a well-founded fear that would be detrimental 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 Nos. 1, 2, Eul evidence Nos. 1, 2 and 4, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s parent’s assertion is a slovasist, but the Plaintiff is a slovasist, and the Plaintiff did not live together with his parent in Ghana, and there is no need for a slovasist religion.

However, the plaintiff's male punishment system became known that the plaintiff was changing to a shot school, and the plaintiff's parent was informed of it. Accordingly, the plaintiff's punishment system and shotos who received support from the plaintiff's parent were bullyinging the plaintiff.

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 his/her 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 has resided in the Republic of Korea (hereinafter referred to as "member country") before entering the Republic of Korea due to such fear, or who has not returned to the country in which

arrow