logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울행정법원 2018.11.02 2018구단17389
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 July 19, 2016, the Plaintiff entered the Republic of Korea with a short-term visit (C-3) sojourn status on July 19, 2016, and applied for refugee status to the Defendant on August 29, 2016.

B. On July 4, 2017, the Defendant rendered a decision on the recognition of refugee status (hereinafter “instant disposition”) to the Plaintiff on the ground that the Plaintiff’s assertion does not constitute a case of “a well-founded fear that would be subject to persecution” as a requirement of refugee under Article 1 of the Convention on the Status of Refugees and Article 1 of the Protocol on the Status of Refugees.

C. The Plaintiff filed an objection with the Minister of Justice on August 9, 2017, but the said objection was dismissed on the same ground as on June 12, 2018.

[Reasons for Recognition] Facts without dispute, Gap 3, 4, Eul 1's each entry and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Government of the Plaintiff’s assertion is bling members of the B organization (B; hereinafter “B”), and the Plaintiff joined B in around 2013 and participated in hosting for independence of South and North America while working as a general member, and participated in any demonstration that supports the separation and independence of English area.

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. 1) The term “refugee” means a foreigner who is unable or does not want to be protected by the country of nationality due to well-founded fear that he/she may be harmed on the grounds of race, religion, nationality, status as a member of a specific social group, or political opinion, or a stateless foreigner who, due to such fear, is unable or does not want to return to the country in which he/she resided before entering the Republic of Korea (Article 2 Subparag. 1). 2 of the Refugee Act) and who is a stateless foreigner who is a requirement for refugee recognition, is against life, body or freedom.

arrow