logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울행정법원 2016.09.09 2016구단15778
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 September 8, 2014, the Plaintiff filed an application for refugee status with the Defendant on September 16, 2014, when having entered and staying in the Republic of Korea on a short-term visit (C-3) sojourn status on September 8, 2014, which was prior to the expiration date ( October 8, 2014).

B. On November 13, 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 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. In the Plaintiff’s assertion, Muslim terrorists were threatened to the Plaintiff, who is a slovasist, by threatening the Plaintiff, who is a slovasist, to open the slovas to the slovasist, and was threatened by refusing to force the opening of the local group at a new place.

In addition, the plaintiff was engaged in money exchange-related business, and the friendly Gu was sentenced to 30,00 won from the plaintiff, but was sentenced to 6 years of imprisonment, which led to the above friendly organization's punishment and the friendly relationship were threatened with 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. “Refugee” means a foreigner who is unable or does not wish to be protected by a State of his/her nationality due to well-founded fear to recognize that he/she may be injured on the grounds of race, religion, nationality, status as a member of a particular social group or political opinion, or a country in which such fear has resided before entering the Republic of Korea;

arrow