logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울행정법원 2016.12.02 2016구단21070
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) Plaintiff’s entry into the Republic of Korea and refugee application - Plaintiff’s nationality: AB - Entry and refugee application: Entry on October 20, 2015 [Status of Sojourn: Short-term visit (C-3)] on November 2, 2015

B. The Defendant’s decision not to recognize refugee status (hereinafter “instant disposition”) - Grounds for not recognition of refugee status (hereinafter “instant disposition”): No well-founded fear of fear may be recognized.

(c) Plaintiff’s filing of an objection and decision of dismissal - Decision of dismissal: Facts that no dispute exists on May 25, 2016 [based on recognition], evidence Nos. 1, 2, and No. 1, 2, 3, and 4, and the purport of the whole pleadings.

2. Whether the instant disposition is lawful

가. 원고의 주장 원고는 2014.경 가나에서 기독교로 개종한 이후 ‘쥬쥬’라고 불리는 토착종교의 사제인 삼촌 및 토착종교 신봉자들로부터 위협을 받고 있어 종교를 이유로 박해를 받을 수 있다고 인정할 만한 충분한 근거가 있는 공포가 있다.

B. Determination 1) Article 2 subparag. 1 of the Refugee Act provides that “Refugee” means a foreigner who is unable or does not want to be protected by the country of nationality due to a well-founded fear to recognize 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 is unable or does not want to return to the country in which he/she had resided before entering the Republic of Korea due to such fear.” 2) In full view of the following circumstances revealed by the evidence as seen earlier, when comprehensively considering the following circumstances, it is difficult to view that the Plaintiff has “a well-founded fear of persecution on the grounds of race, religion, nationality, membership of a specific social group, or political opinion,” and there is no other evidence to acknowledge this otherwise, the disposition of this case, which rejected the Plaintiff’s application for recognition of refugee status, is legitimate.

① Evidence of the Plaintiff’s assertion is admitted.

arrow