logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울행정법원 2019.02.15 2018구단76265
난민불인정결정취소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. The details of the disposition are as follows: short-term sojourn status (C-3) on August 15, 2016 of the date of entry into the Republic of Korea of the Republic of Korea with the Plaintiff’s nationality; short-term stay status (C-3) on the date of application for refugee status recognition (hereinafter “instant disposition”) on August 25, 2016; and on December 29, 2017, the date of the application for refugee status recognition (hereinafter “instant disposition”): The fact that there is no dispute over the recognition of the decision of rejection as of January 22, 2018 of the date of application for objection that there is no sufficient ground for recognizing refugee status status: Gap’s evidence 1 through 4, Eul’s evidence 1, and 2; the purport of the entire pleadings; and the purport of the whole pleadings.

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion is a national of the Republic of Kamera (hereinafter “Kamera”). The Plaintiff’s father, who was the head of a confidential organization in Mamera Village, was required to succeed to the status of his father on February 16, 2015, but rejected it.

He threatened the plaintiff that he would be dead if he did not join the above secret organization, and the plaintiff was instructed to Mon Monmon.

Therefore, the plaintiff has been in the Republic of Korea through China while leaving the Republic of Korea.

As such, the Plaintiff needs to be recognized as a refugee because he/she is likely to have another threat from a third village, etc. when he/she returns to Kamera.

B. Determination 1) Article 2 Subparag. 1 of the Refugee Act defines refugee status as “any 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, membership of a particular social group, or political opinion, or who is a stateless foreigner who is unable or does not want to return to the country in which he/she had resided before entering the Republic of Korea due to such fear.” 2) When comprehensively considering the evidence and evidence set forth in subparagraph 4 as well as the evidence set forth in subparagraph 4 as well as the following circumstances revealed in addition to the purport of the entire pleadings, the Plaintiff is a race, religion, nationality, and nationality.

arrow