logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울행정법원 2017.11.02 2017구단29248
난민불인정결정취소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. The Plaintiff entered the Republic of C-3 status of short-term visit (C-3) on November 22, 2008 as a foreigner with the nationality of C-3 (hereinafter referred to as “C-3”), and stayed as a business investment (D-8) and trade management (D-9) status, and applied for refugee status to the Defendant on August 22, 2014 after the expiration of the period of stay (C-9 March 24, 2014).

On March 18, 2016, the Defendant rendered a disposition of non-recognition of refugee status (hereinafter referred to as “instant disposition”) to the Plaintiff on the ground that the Plaintiff’s assertion does not constitute “a sufficiently-founded fear that it would be prejudicial to persecution” as stipulated in Article 1 of the Convention on the Status of Refugees (hereinafter referred to as “Refugee”) and Article 1 of the Protocol Relating to the Status of Refugees (hereinafter referred to as “Refugee Protocol”).

On April 7, 2016, the Plaintiff filed an objection with the Minister of Justice on April 7, 2016, but was dismissed on July 18, 2017.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence Nos. 1 and 2, the purport of the whole pleadings

2. Whether the disposition is lawful;

A. The gist of the Plaintiff’s assertion is the Simpatha, and from around 2009, the Plaintiff was married to the Republic of Korea and the Simpatha B.

As a result, it was called to die from the plaintiff's father in his home country.

In addition, after visiting the home country around October 2015, it received intimidation from the illegal armed organization of Simpha on the ground that the plaintiff was married with Simpha Sharlim.

(b) In full view of the provisions of Article 2 subparag. 1 and Article 18 of the former Refugee Act, Article 1 of the Refugee Convention, and Article 1 of the Refugee Protocol, foreigners who are unable to be protected by the country of nationality or who do not want to be protected by the country of nationality due to well-founded fear of being injured on the grounds of race, religion, nationality, membership of a particular social group or political opinion, or by such fear, before entering Korea.

arrow