logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울행정법원 2020.09.23 2020구단11339
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 July 29, 2017, the Plaintiff entered the Republic of Korea with the status of stay for short-term visits (C-3) from July 29, 2017.

B. On October 17, 2017, the Plaintiff filed an application for refugee status recognition with the Defendant (hereinafter “instant application”). However, on February 20, 2019, the Defendant rendered a decision on refugee status refusal (hereinafter “instant disposition”) on the ground that the Plaintiff’s assertion would be subject to persecution as stipulated in 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 March 25, 2019, but the Minister of Justice dismissed the Plaintiff’s objection on June 19, 2020.

[Ground of recognition] Facts without dispute, Gap evidence 2, 3, Eul evidence 1, 2, and 4, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion and the Plaintiff’s family members are chronology. Around February 2016, the Plaintiff’s assertion and the Plaintiff’s family members threatened the Plaintiff with their friendship that they believe Islamus, and threatened the Plaintiff with the Islamic chronology when they continue to be friendly with the Islamic chronology.

In addition, the above violence crime threatens the plaintiff's family members when requesting the plaintiff's family members to pay a considerable amount of money after becoming aware of the plaintiff's entry into the Republic of Korea.

In this situation, when the plaintiff returns to the Republic of Korea with his arms, there is a risk of persecution from the above violence crime, and the defendant's disposition of this case which did not recognize the plaintiff as a refugee should be revoked because it is unlawful.

B. Determination 1 “Refugee” is subject to the protection of nationality countries due to well-founded fear to recognize that he/she is likely to be detrimental to race, religion, nationality, status as a member of a particular social group, or political opinion.

arrow