logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울행정법원 2019.04.04 2019구단1596
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 November 7, 2015, the Plaintiff entered the Republic of Korea with a short-term visit (C-3) sojourn status on a short-term date (C-3), and filed an application for recognition of refugee status (hereinafter “instant application”) with the Defendant on December 26, 2017.

B. On January 17, 2018, the Defendant rendered a decision on the recognition of refugee status (hereinafter “instant disposition”) to the Plaintiff on the ground that the grounds alleged by the Plaintiff do not constitute a case of “a well-founded fear that the Plaintiff would be subject to persecution” as a 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. On February 27, 2018, the Plaintiff filed an objection with the Minister of Justice on February 27, 2018, but the objection was dismissed on September 14, 2018.

On October 30, 2018, the Plaintiff received the notice of dismissal of the said objection, and filed the instant lawsuit on January 24, 2019.

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

2. Whether the instant disposition is lawful

A. The plaintiff's assertion that he succeeded to the property after his parents died, and the plaintiff was trying to kill the plaintiff and to kill the plaintiff, and the plaintiff was out of the damaged Gunnia.

Since then, the plaintiff's big Arabic land was sold twice to the slive forest and the slives, but a dispute arose between the Mlive forest and the slives. Since the above land is the plaintiff's inherited property, the dispute arising therefrom also affects the plaintiff.

Therefore, the disposition of this case which the Plaintiff did not recognize as a refugee despite the possibility of persecution in the event that the Plaintiff returned to his own country for the said reasons is unlawful.

B. Determination 1 refers to a person who is a member of a certain social group or a political opinion and is likely to be imprisoned for reasons of race, religion, nationality, status as a member.

arrow