logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울행정법원 2017.06.29 2017구단60430
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 October 8, 2016, the Plaintiff entered and stayed in the Republic of Korea as a short-term visit (C-3) sojourn status on October 8, 2016, and applied for refugee recognition to the Defendant on November 7, 2016.

B. On November 21, 2016, the Defendant rendered a decision to recognize refugee status (hereinafter “instant disposition”) on the ground that the Plaintiff’s assertion does not constitute a case where there is a well-founded fear that the Plaintiff would be subject to persecution” as a refugee requirement under Article 1 of the Convention on the Status of Refugees and Article 1 of the Protocol on the Status of Refugees. On December 1, 2016, the Plaintiff received a notice of decision to recognize refugee status on December 1, 2016.

C. The Plaintiff dissatisfied with the instant disposition and filed an objection with the Minister of Justice on December 26, 2016, but was dismissed on April 21, 2017, and the Plaintiff received a notice of dismissal decision on April 26, 2017.

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

2. Whether the instant disposition is lawful

A. The Plaintiff asserted that the Plaintiff was a senior to the senior to the senior to the senior to the senior to the senior to the senior to the senior to the senior to the senior to the senior to the senior to the senior to the senior to the senior to the senior to the senior to the senior to the senior to the senior to the senior to the senior to the senior to the senior to the senior to the senior to the senior to the

Therefore, the defendant's disposition of this case made on a different premise is unlawful even though the plaintiff's status as a member of a religion or a specific social group constitutes a refugee suffering from persecution.

(b)(1) Determinations: Article 2 subparag. 1 of the Refugee Act; Article 2 of the Refugee Act; Article 2 of the Refugee Act; and Article 2 of the same Act shall be returned to foreigners who are unable or do not want to be protected from the country of nationality due to well-founded fear of being recognized that they may be imprisoned on the grounds of race, religion, nationality, membership of a particular social group, or political opinion; or to foreigners

arrow