logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울행정법원 2016.01.22 2015구단16590
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 5, 2009, the Plaintiff entered the Republic of Korea as a non-professional employment (E-9) foreigner with the nationality of the Republic of Korea (Federal Demal Demal (hereinafter “NE”) and filed an application for refugee status with the Defendant on October 8, 2014.

B. On January 20, 2015, 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. The Plaintiff filed an objection with the Minister of Justice on March 9, 2015, but the said objection was dismissed on September 24, 2015.

[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. The Plaintiff asserted that he joined the 17 years of age as a general member of the Nepali Council (Nepali Crey) from the 17 years of age to the 17 years of age.

On May 2008, the Plaintiff went to a restaurant along with his/her friendship, and the Plaintiff’s “Jammti Nal” officers threatened other persons to pay donations, and there was a dispute with the above researchers. Since then, the aforementioned researchers forced the Plaintiff to withdraw from the NAN Assembly to which the Plaintiff belongs and join their organization, and forced the Plaintiff to die if they refuse to do so.

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 would be subject to gambling from the above lighting staff on the ground that the Plaintiff did not take part in the demand of the management staff of the Jaamti.

나. 관계 법령 ▣ 난민법 제2조 (정의) 이 법에서 사용하는 용어의 정의는 다음과 같다.

1. The term "refugee" means a refugee;

arrow