logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울행정법원 2016.08.05 2016구단10629
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. The Plaintiff entered the Republic of Korea on June 11, 201 and September 15, 2011, but entered the Republic of Korea on December 8, 2011, and applied for refugee status to the Defendant on March 7, 2012 after the expiration of the period of stay on March 7, 2012.

B. On September 30, 2015, the Defendant rendered a decision to recognize refugee status (hereinafter the 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.

[Reasons for Recognition] Uncontentious Facts, Gap 1, Eul 1, Eul 2, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. On September 201, 201, the Plaintiff asserted that he participated in three times in the demonstration, which goes against the Ministry of Egypt, and the police and soldiers arrested the Plaintiff’s friendship who participated in the demonstration.

Therefore, the defendant's disposition of this case that did not recognize the plaintiff as a refugee is unlawful even if the plaintiff's return to Egypt is highly likely to suffer from gambling.

(b) The definitions of terms used in this Act shall be as follows:

1. The term "refugee" means a foreigner who is unable or does not want to be protected from the country of his/her nationality due to well-founded fear that he/she may be injured on the grounds of race, religion, nationality, status as a member of a specific social group, or political opinion, or a stateless foreigner who, owing to such fear, is unable or does not want to return to the country in which he/she resided before entering the Republic of Korea (hereinafter referred to as "state of his/her nationality");

C. “Lambling”, which is a requirement for recognition of refugee status 1, is a serious violation of the essential human dignity, including threats to life, body or freedom.

arrow