logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원 2018.02.01 2017구합3916
난민불인정처분취소
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 April 2, 2012, the Plaintiff applied for refugee recognition to the Defendant on January 23, 2017, after entering the Republic of Korea with the status of sojourn for the manufacturing industry (E9-1) on April 2, 2012.

B. On January 24, 2017, the Defendant rendered a decision of non-recognition of refugee status (hereinafter “instant disposition”) on the ground that the Plaintiff’s assertion does not constitute a case of “a well-founded fear of persecution” as a requirement of refugee under Article 1 of the Convention on the Status of Refugees and Article 1 of the Protocol Relating to the Status of Refugees.

C. The Plaintiff, who is dissatisfied with the instant disposition, filed an objection with the Minister of Justice on February 13, 2017, but was rendered a final decision dismissing the Plaintiff’s application on July 18, 2017.

[Reasons for Recognition] A without dispute, Gap evidence Nos. 1-4, Eul evidence Nos. 1-3, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion that the Plaintiff and the Plaintiff’s shape supported B party as a party member B, and the inn party C supported the Plaintiff’s house and the Plaintiff’s type, thereby finding the Plaintiff’s wife and the Plaintiff’s type of body and threatening them to incidental thereto.

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. The term “refugee” refers to 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 stateless foreigner who, owing to such fear, is unable to return to or does not want to return to the country in which he/she resided before entering the Republic of Korea.

(Article 2 subparag. 1 of the Refugee Act). Comprehensively considering the following circumstances acknowledged by the purport of all evidence and arguments as seen earlier, all the evidence and arguments submitted by the Plaintiff are considered.

arrow