logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울행정법원 2017.07.21 2017구단8586
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 12, 2014, the Plaintiff, who was a national of the Republic of Domen, entered the Republic of Korea with the Tourism Tong (B-2) sojourn status on June 17, 2014, filed an application for refugee status with the Defendant on June 17, 2014.

B. On December 5, 2016, the Defendant rendered a decision on the recognition of refugee status (hereinafter “instant disposition”) to the Plaintiff 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] Facts without dispute, Gap 1, 2 evidence, Eul 1 and 2 evidence, and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The plaintiff's assertion is a hydropatha.

The Republic of Korea, the Republic of Korea and the Republic of Korea, the Republic of Korea and the Republic of Korea, are in progress, and the Republic of Korea and the Republic of Korea have occupied the village in which the Republic of Korea and the Republic of Korea had resided as the territory of the Republic of Korea. The Republic of Korea and the Republic of Korea have expanded the power of the Republic of Korea.

Therefore, the defendant's disposition of this case which did not recognize the plaintiff as a refugee despite high possibility that the plaintiff would be subject to gambling when he returns to the country of nationality is illegal.

B. 1) The term “refugee” means 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 specific social group, or political opinion, or a stateless foreigner who, due 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 (Article 2 Subparag. 1). 2 of the Refugee Act) and who is a requirement for the recognition of refugee status, such as a threat to life, body or freedom, is against essential human dignity.

arrow