logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울행정법원 2018.04.13 2018구단1032
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 December 13, 2007, the Plaintiff entered the Republic of Korea with a short-term visit (C-3) sojourn status on December 13, 2007, and applied for refugee recognition to the Defendant on March 24, 2016.

B. On April 20, 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 on the Status of Refugees.

C. The Plaintiff filed an objection with the Minister of Justice on May 4, 2016, but the said objection was dismissed on the same ground as October 11, 2017.

[Reasons for Recognition] Facts without dispute, Gap 3, 4 evidence, Eul 1 and 2 evidence, and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff asserted that the Plaintiff joined Jiamu Kashmir Libery, an independent movement organization in the Kassi region, and worked from 1988 to 1997. Around 1997, the Plaintiff participated in a demonstration for the independence of Kassi, and was arrested by the police, and then sent a bribe to the police.

In addition, the plaintiff was forced to pay 20,000 won and paid 200,000 won.

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 harmed by race, religion, nationality, status as a member of a particular social group, or political opinion, or a stateless foreigner who, due to such fear, could not return to, or does not want to return to, a country in which he/she resided before entering the Republic of Korea (the Refugee Act).

arrow