logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울행정법원 2018.08.31 2018구단65043
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 4, 2015, the Plaintiff entered the Republic of Korea with a short-term visit (C-3) status as a national of Canadian.

B. On August 29, 2017, the Plaintiff filed an application for refugee status with the Defendant. On September 28, 2017, the Defendant rendered a decision on refugee status refusal (hereinafter “instant disposition”) 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 was notified of the instant disposition on October 13, 2017, and filed an objection with the Minister of Justice on November 3, 2017, but the said objection was dismissed on March 21, 2018.

[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 argument is that the separate independent movement in the English usage area has become more serious. As such, the government’s pressure over the English use area has been emphasized. On December 17, 2016, the Plaintiff conducted a demonstration that supports the separation and independence of the English use area before the refugee status and the office of the Seoul Immigration Office, and conducted a demonstration that supports the separation of the English use area in the English use area, and then conducted activities such as inserting the pictures containing the form of the demonstration into B and handled by the Kamer government.

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 particular social group, or political opinion, or a foreigner who is unable or does not want to be protected, or a country in which he/she resided before entering the Republic of Korea due to such fear.

arrow