logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울행정법원 2019.08.21 2019구단10996
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 March 24, 2016, the Plaintiff entered the Republic of Korea with visa exemption (B-1) status on March 24, 2016, and applied for refugee status to the Defendant on January 24, 2017.

B. On July 11, 2018, the Defendant rendered a decision on the refusal of refugee status (hereinafter “instant disposition”) on the ground that the Plaintiff cannot be deemed as having “a well-founded fear of 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. On August 14, 2018, the Plaintiff filed an objection with the Minister of Justice on August 14, 2018, but the objection was dismissed on April 10, 2019.

[Reasons for Recognition] Unsatisfy, Gap evidence 1 to 3, Eul evidence 1 and 2, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The gist of the Plaintiff’s assertion was around 1993, as a member of the illegal religious organization called “B” (hereinafter “instant organization”), and the Plaintiff’s friendship, who had been active in Russia, was arrested by the Russia police in around 2015 on suspicion that he/she had illegally possessed arms while residing in Russia. The Plaintiff’s name was expressed to the Russia police in the course of being investigated by his/her parents, and thereafter, he/she was aware that Russia police intended to arrest the Plaintiff.

Therefore, the instant disposition that did not recognize the Plaintiff as a refugee on a different premise is unlawful, since there exists a well-founded fear that the Plaintiff would be subject to gambling from the Russian government in the event that the Plaintiff returns to the Republic of Korea with Russia.

B. “Refugee 1” refers to the protection of a country of nationality due to well-founded fear to recognize that a person is likely to be injured on the grounds of race, religion, nationality, status as a member of a particular social group, or political opinion.

arrow