logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울행정법원 2020.04.29 2020구단2243
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. The Plaintiff, as a foreigner of the nationality of the Kingdom of Morocco (hereinafter “Morocco”), entered the Republic of Korea as the status of stay B-1 (Visa exemption) on February 23, 2019.

B. On May 2, 2019, the Plaintiff filed an application for refugee status with the Defendant, but the Defendant, on May 31, 2019, issued a disposition to recognize refugee status inasmuch as the Plaintiff’s assertion against the Plaintiff does not constitute “a well-founded fear of persecution” under Article 1 of the Refugee Convention and Article 1 of the Refugee Protocol (hereinafter “instant disposition”).

C. On June 21, 2019, the Plaintiff filed an objection with the Minister of Justice against the instant disposition. However, the Minister of Justice dismissed the objection on October 18, 2019.

【Ground of recognition】 The fact that there has been no dispute, Gap Nos. 1, 2, Eul Nos. 1 and 3, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. In most cases, most of the people who believe Islamics of the Plaintiff’s assertion should raise food from Morocco during the Roman period. The friendly-gu and her mother, who became aware of the Plaintiff’s failure to do so, threatened the Plaintiff.

In the event that the Plaintiff’s return to Moroc is likely to pose a threat from the neighbors, the Defendant’s disposition against which the Plaintiff’s application for recognition of refugee status was not accepted shall be revoked as it 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 Convention Relating to the Status of Refugees, and Article 1 of the Protocol Relating to the Status of Refugees, the term “refugee” does not want to return to the country of nationality or to the country in which he/she resided before entering the Republic of Korea due to well-founded fear to recognize that he/she may be detrimental to the protection of the country of nationality on the grounds of race, religion, nationality, membership of a particular social group, or political opinion.

arrow