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(영문) 서울행정법원 2015.10.16 2015구단8780
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 March 29, 2011, the Plaintiff entered the Republic of Korea as a foreigner with the nationality of the Democratic Republic of the Lao (hereinafter “NE”) and stayed in the Republic of Korea upon obtaining permission for extension of the period of sojourn, and applied for refugee status on April 28, 2014, the expiration date of the period of sojourn.

B. On May 9, 2014, the Defendant rendered a disposition 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 suffer persecution” as a refugee requirement 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] Uncontentious Facts, Gap evidence 1, Eul evidence 1 and 2, and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion and the Plaintiff’s family members supported the Nepalili Crey, thereby participating in the activities of the four arms conference in the village or promoting the right to vote in the four arms conference.

On April 10, 2014, Samyukta Jti Mukti Muci (hereinafter referred to as "SJM") forced the Plaintiff's family members to interfere with the four arms support activities of the Plaintiff's four arms and to participate in their ideology, and threatened the Plaintiff's family members with heavy donations in order to secure the independent autonomy from four arms.

Accordingly, the plaintiff's family members escaped from the threat.

Therefore, even though the Plaintiff’s act constitutes a sufficient refugee to continue gambling due to political opinion when returning to Korea, the instant disposition taken by the Defendant on a different premise is unlawful.

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

1. “Refugees” may be understood as persecutions on the grounds of race, religion, nationality, status as a member of a particular social group or political opinion.

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