(영문) 서울행정법원 2019.01.31 2018구단23650

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울행정법원 2019.01.31 2018구단23650

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 October 1, 2017, the Plaintiff entered and stayed in the Republic of Korea as a short-term visit (C-3) sojourn status on October 1, 2017, and applied for refugee status to the Defendant on October 16, 2017.

B. On November 9, 2017, 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 on the Status of Refugees.

C. The Plaintiff dissatisfied with the instant disposition and filed an objection with the Minister of Justice on December 7, 2017, but was dismissed on September 3, 2018, and the Plaintiff received a notice of dismissal decision on September 28, 2018.

[Reasons for Recognition] Gap evidence Nos. 1, 2, Eul evidence Nos. 1 and 2, and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The plaintiff asserted that he succeeded to the status of king when he died of the plaintiff's father who was king in Naria, and that he threatened the plaintiff to murder when he succeeded to the status of king from the third village of the plaintiff who was intending to succeed to the status of king.

Therefore, the defendant's disposition of this case made on a different premise is unlawful even though the plaintiff was a refugee suffering from persecution.

B. Article 2 Subparag. 1 of the Refugee Act provides that: (a) a refugee refers to a foreigner who is unable or does not want to be protected by the country of nationality due to a well-founded fear to recognize that he/she may be injured on the grounds of race, religion, nationality, membership of a particular social group, or political opinion; or a nationalless foreigner who, due to such fear, is unable or does not want to return to the country in which he/she had resided before entering the Republic of Korea.

At this time, the term "persecution" to be received by the foreigner is called life.

참조조문

-난민법 제2조 제1호

유사 판례

-서울행정법원 2020.08.13 2020구단8821

-서울행정법원 2019.04.03 2019구단52860

-서울행정법원 2017.12.28 2017구단33599

-서울행정법원 2018.10.11 2018구단68912

-서울행정법원 2016.09.23 2016구단58416