logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원 2016.06.03 2016구합135
난민불인정처분취소
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. The Plaintiff, as a man of the Republic of Liberia (hereinafter “Liberia”), arrived at the Incheon State supply port on October 9, 2013.

B. On October 18, 2013, the Plaintiff was subject to a disposition of non-permission for entry from the Defendant, and a new disease was transferred to the waiting room for repatriation. The Plaintiff applied for refugee status in the waiting room for repatriation and was decided to refer to refugee status review on the ground that the purpose of entry is unclear.

C. On October 1, 2014, the Defendant rendered a disposition of non-recognition of refugee status (hereinafter “instant disposition”) against the Plaintiff on the ground that the grounds alleged by the Plaintiff do not constitute “a sufficiently-founded fear that it would be prejudicial to persecution” as stipulated in Article 1 of the Convention on the Status of Refugees (hereinafter “Refugee Agreement”) and Article 1 of the Protocol Relating to the Status of Refugees (hereinafter “Refugee Protocol”).

On October 30, 2014, the Plaintiff filed an objection with the Minister of Justice, but the objection was dismissed on September 24, 2015.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1 to 5, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion attempts to attack against the Plaintiff by posing that the Plaintiff’s unknown persons thought the Plaintiff as both the Plaintiff and the Plaintiff as a pair of balls that occurred equally with the Plaintiff and threatening to die, or as a larceny or rape.

This is because two balls of the plaintiff were in half group B, and others were hacker for others.

In addition, the members of the plaintiff's family try to die as a problem of family property.

Therefore, if the plaintiff returned to Liberia, it constitutes a refugee since the plaintiff and the plaintiff's two balls are likely to be stuffed by persons who suffered from punishment or their family members, and thus, the disposition of this case made on a different premise is unlawful.

(b) Entry in the attached Form of relevant Acts and subordinate statutes;

(c) Subparagraph 1 of Article 2 of the Refugee Act 1.

arrow