logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울행정법원 2017.09.08 2017구단60669
난민불인정결정취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The circumstances leading to the disposition: (a) the short-term visit of sojourn status (C-3) on May 15, 1996, the date of entry into the Republic of Korea of the Republic of the Republic of Korea of the Republic of the Republic of Korea on the date of application for refugee status (hereinafter “instant disposition”) (hereinafter “instant disposition”) and the purport of the entire pleadings by the court of the decision on June 13, 2016 on August 4, 2016; (b) there is no dispute over the grounds for recognition of the rejection of the decision on September 12, 2016; (c) there is no ground for recognition of the rejection of the decision on February 24, 2017 as of the date of application for objection; (d) Gap’s evidence Nos. 1 through 4; and (e)

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion is a national of the Republic of the Philippines (hereinafter “the Philippines”).

The plaintiff operated a flower farm with family members in the Philippines.

Upon the death of the Plaintiff’s father, the Plaintiff’s father called “B” to sell the above flower farm to the Plaintiff, and the Plaintiff refused to do so, thereby damaging the above flower farm and killing the Plaintiff.

Accordingly, the plaintiff left the Philippines and entered the Republic of Korea.

As such, the Plaintiff needs to be recognized as a refugee inasmuch as it is likely to also threaten B if he/she returns to the Philippines.

B. Determination 1) Article 2 subparag. 1 of the Refugee Act defines a refugee as “a foreigner who is unable to be protected 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 specific social group, or political opinion, or who is a stateless foreigner who, due to such fear, cannot return to or does not want to return to the country in which he/she had resided before entering the Republic of Korea.” In full view of the following circumstances, comprehensively considering the evidence and evidence set forth in subparag. 3, 5-1 and 2 as well as evidence and evidence set forth in subparag. 5-2 and the purport of the entire arguments, the Plaintiff is a race, religion, nationality, membership of a specific social group, or political opinion.

arrow