logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울행정법원 2016.11.11 2016구단21667
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 November 7, 2015, the Plaintiff entered the Republic of Ghana as a foreigner of the nationality of the Republic of Ghana (hereinafter “A”), and applied for refugee status to the Defendant on November 24, 2015 after entering the Republic of Korea for short-term visits (C-3).

B. On December 11, 2015, the Defendant issued a disposition of non-recognition of refugee status (hereinafter “instant disposition”) on the ground that the Plaintiff cannot be deemed as having a well-founded fear that the Plaintiff would suffer from persecution” as stipulated in Article 1 of the Convention on the Status of Refugees (hereinafter “Refugee”) and Article 1 of the Protocol Relating to the Status of Refugees (hereinafter “Refugee Protocol”).

C. On January 25, 2016, the Plaintiff filed an objection with the Minister of Justice on January 25, 2016, but the said objection was dismissed on May 25, 2016.

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

2. Whether the disposition is lawful;

A. The Plaintiff asserted that he/she should join a social group from his/her friendship, but he/she refused to do so, and the Plaintiff was subject to assault and intimidation, and the Plaintiff saw that he/she threatened his/her life.

Therefore, the disposition of this case which the Plaintiff did not recognize as a refugee despite the possibility of persecution in the event that the Plaintiff returned to his own country for the said reasons is unlawful.

B. In full view of the provisions of Article 2 subparag. 1 and Article 18 of the Refugee Act, Article 1 of the Refugee Convention, and Article 1 of the Refugee Protocol, foreigners who, owing to a well-founded fear of persecution for reasons of race, religion, nationality, membership of a particular social group, or political opinion, are unable or do not want the protection of the country of nationality, or who, owing to such fear, cannot return to or do not want to return to the country of nationality, which had resided before entering the Republic of Korea, should be recognized as refugee and the requirements for recognition of refugee status are met.

arrow