logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울행정법원 2017.11.03 2017구단68120
난민불인정결정취소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. In the course of the disposition, the following facts: (a) the Plaintiff’s non-professional employment (E-9) without status of stay on January 14, 2004 (E-9) (hereinafter “instant disposition”); (b) the date of the application for refugee status recognition on March 24, 2016; (c) the date of the application for refugee status recognition; (d) the date of the decision on April 14, 2016 (hereinafter “instant disposition”); (c) there is no dispute over the grounds for recognition of the decision to dismiss the decision on April 25, 2016; (d) the facts that there is no ground for recognition of the decision to dismiss the decision on June 8, 2017; (e) Gap’s evidence Nos. 1, 2, 3, 1, and 2; and (e)

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion is a national of the Republic of the Philippines (hereinafter “the Philippines”).

On January 9, 2004, the Plaintiff sought meals with their friendships and sought to return to their house, and three persons from the NAs (New Peops) as an anti-government organization arrested the Plaintiff’s friendships.

Since the above time, NPA has sent a letter to the plaintiff's family members in the Philippines that they will die in cooperation with the police.

As such, the Plaintiff should be recognized as a refugee because it is likely to threaten the NPA if he/she returns to the Philippines.

B. Determination 1) Article 2 Subparag. 1 of the Refugee Act defines refugee status as “any foreigner who is unable to be protected or does not want to be protected by the country of 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 specific social group, or political opinion, or is a stateless foreigner who is unable to return to 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) When comprehensively considering the evidence and evidence set forth in subparagraph 3 as well as the following circumstances that can be known in addition to the purport of the pleading as a whole, the Plaintiff shall be subject to persecution on the grounds of race, religion, nationality, membership of a specific social group, or political opinion.

arrow