logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울행정법원 2019.09.05 2019구단7037
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 June 15, 2016, the Plaintiff entered the Republic of Korea as a foreigner with the nationality of Bangladesh, with the status of stay for a short-term visit (C-3) on a short-term basis.

B. On September 6, 2016, the Plaintiff applied for refugee status to the Defendant. However, on December 15, 2017, the Defendant rendered a decision to recognize refugee status (hereinafter “instant disposition”) on the ground that the Plaintiff’s assertion would be subject to persecution as stipulated in Article 1 of the Convention on the Status of Refugees and Article 1 of the Protocol on the Status of Refugees.

C. The Plaintiff filed an objection with the Minister of Justice on December 27, 2017, but the Minister of Justice dismissed the Plaintiff’s objection on February 14, 2019.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1 to 3, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion in his home country caused a dispute between the Plaintiff, the Plaintiff’s father, and his neighboring family members regarding the farmland owned by the Plaintiff’s assistance division and the adjoining family members who were working on the said land. During the fighting, the neighboring children died.

The plaintiff's attachment was arrested on the charge of murder, and was released on bail, and the arrest warrant was issued to the plaintiff, and the plaintiff was living while the plaintiff was hiding, the plaintiff was forced to leave the Republic of Korea on January 2016 by shotly booming neighbors and committing violence.

In the event that the plaintiff returned to his own country, the disposition of this case which did not recognize the plaintiff as a refugee despite the possibility of persecution in the above circumstances is unlawful.

B. 1 The term “refugee” is either a foreigner who is unable or does not want to be protected by the country of nationality due to well-founded fear to recognize that he/she may be injured on the grounds of race, religion, nationality, status as a member of a particular social group or political opinion, or such fear.

arrow