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(영문) 서울행정법원 2015.11.20 2015구단9837
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 March 13, 2012, the Plaintiff, a national of the Democratic Republic of the Lao (hereinafter referred to as “NE”), entered the Republic of Korea as a non-professional employment (E-9) sojourn status and stayed, and filed an application for refugee status with the Defendant on July 8, 2014, prior to the expiration of the period of stay ( March 13, 2015), prior to the expiration of the period of stay.

B. On December 11, 2014, the Defendant rendered a disposition of non-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 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. The Plaintiff’s assertion Marst-gun forced the Plaintiff to join the organization from around 1998, but forced the Plaintiff to pay donations instead of the Plaintiff’s refusal. The Plaintiff cooperateed in Marst-related activities by providing donations, food, etc. without any choice.

Mamast had the Plaintiff forced the Plaintiff’s family members to pay donations even during his/her work after departing from Malaysia or Saudi Arabia.

After the plaintiff entered Korea, there was a serious threat to payment of donations since around 2012, and on April 2, 2014, the plaintiff sent US$ 1,500 to 1,500. However, it continues to compel payment of Mamast donation.

Mamast continues after the conclusion of the Peace Agreement, and the joining of the organization of the Mast and compelling the payment of contributions by the Mast are forced to cooperate with the political route of the Mast. As such, the Plaintiff is a refugee.

Nevertheless, the instant disposition made by the Defendant on a different premise is unlawful.

(b) Article 2 (Definition of Refugee Act) of the relevant Act and subordinate statutes.

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