logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울행정법원 2015.09.23 2015구단6432
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 April 28, 2009, the Plaintiff entered the Republic of Korea as a foreigner of the Federal Democratic Republic of Korea (hereinafter “NE-9”), and was staying in the Republic of Korea for extension of the period of sojourn on April 27, 2014, and applied for refugee status to the Defendant on February 27, 2014.

B. On March 18, 2014, the Defendant rendered a disposition of non-recognition of refugee status (hereinafter “instant disposition”) on the ground that the Plaintiff’s assertion does not constitute a case of “a well-founded fear that would be subject to persecution” as a requirement of refugee under Article 1 of the Convention on the Status of Refugees and Article 1 of the Protocol Relating to the Status of Refugees.

C. On April 24, 2014, the Plaintiff filed an objection with the Minister of Justice on April 24, 2014, but the said objection was dismissed on December 16, 2014.

[Reasons for Recognition] Unsatisfy, Gap evidence 1, 2, Eul evidence 1 and 2, the purport of the whole pleadings

2. Whether the disposition is lawful;

A. When the plaintiff asserted that he was working in the 2008 training area operated by his father, 7-8 Mast demanded the plaintiff to find in the 2008 training area and money, and the plaintiff abused the plaintiff and seized money.

In addition, even when the Plaintiff visited Dives around January 2013, 2013, 5-6 Mamast from the Plaintiff’s house to demand money if the Plaintiff did not provide money, thereby threatening the Plaintiff and the Plaintiff’s family member to die. The Plaintiff returned to the Republic of Korea and gave USD 1,000 to them through punishment.

Therefore, in the event that the Plaintiff returned to the Republic of Korea, the instant disposition taken on a different premise is unlawful, even though it is likely that the Plaintiff might be stuffed from the Morsast for the said reason.

나. 관계 법령 ▣ 구 난민법(2014. 3. 18. 법률 제12421호로 개정되기 전의 것) 제2조 (정의) 이 법에서 사용하는 용어의 정의는 다음과 같다.

1. The term "refugees" means race, religion, and ..;

arrow