logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울행정법원 2016.04.29 2015구단21745
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 October 31, 2014, the Plaintiff filed an application for refugee status with the Defendant on November 13, 2014, prior to the expiration of the period of stay ( November 30, 2014), when entering the Republic of ASEAN (C-3) and staying in the Republic of Korea on a short-term visit (C-3) sojourn on October 31, 2014.

B. On February 5, 2015, the Defendant rendered a decision not to recognize 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] Unsatisfy, Gap evidence 1, 2, Eul evidence 1 and 2, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. After the Plaintiff’s father’s death, the Plaintiff’s relative, etc. began to threaten to kill the Plaintiff in order to take away the Plaintiff’s inherited property.

Maliria has caused frequent terrorism and security is extremely uneasy.

Therefore, the plaintiff is a refugee who is directly threatened with his/her life by relatives at the time of returning home.

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 grounds of race, religion, nationality, status as a member of a specific social group, or political opinion, or a stateless foreigner who, owing to such fear, is unable or does not want to return to the country in which he/she resided before entering the Republic of Korea (hereinafter referred to as "state of his/her nationality");

(c) Nos. 3 and 10

arrow