logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울행정법원 2016.06.08 2016구단2093
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 October 7, 2014, the Plaintiff entered the Republic of Senegal (C-3) as a foreigner of the nationality of the Republic of Senegal (hereinafter “Senegal”) and applied for refugee status to the Defendant on October 22, 2014 after entering the Republic of Korea for short-term visit (C-3).

B. On September 1, 2015, the Defendant rendered a disposition of non-recognition of refugee status (hereinafter “instant disposition”) on the ground that the Plaintiff cannot be deemed as having a well-founded fear that he would suffer from persecution” as stipulated in Article 1 of the Convention on the Status of Refugees (hereinafter “Refugee”) and Article 1 of the Protocol Relating to the Status of Refugees (hereinafter “Refugee Protocol”).

C. The Plaintiff filed an objection with the Minister of Justice on September 7, 2015, but the said objection was dismissed on December 14, 2015.

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

2. Whether the disposition is lawful;

A. The plaintiff's assertion is part of Islamic species, and the plaintiff continued to be stuffed from Islamic species, and in particular, those who are Islamic species in the Islamic area were assaulted to the effect that the plaintiff suffered less dynamics of the plaintiff, and the plaintiff resisted against it. The plaintiff's assertion suffered an injury on the ground that he resisted by the plaintiff.

In the event that the Plaintiff returned to Sejong for the foregoing reasons, the instant disposition that the Plaintiff did not recognize the Plaintiff as a refugee is unlawful.

B. (1) In full view of the provisions of subparagraph 1 of Article 2 of the Refugee Act, Article 1 of the Refugee Convention, Article 1 of the Refugee Protocol, and Article 1 of the Refugee Protocol, foreigners who are unable or do not want the protection of their nationality due to well-founded fear of being injured by race, religion, nationality, membership of a particular social group or political opinion, or by such fear.

arrow