logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울행정법원 2019.03.29 2018구단77824
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 December 19, 2016, the Plaintiff entered the Republic of Korea with the nationality of the People’s Republic of China (People’s Republic of China, hereinafter “China”), and applied for refugee status to the Defendant on December 20, 2016.

B. On November 29, 2017, the Defendant rendered a decision of non-recognition of refugee status on the ground that the grounds for applying for recognition of refugee status as alleged by the Plaintiff against the Plaintiff does not constitute “a sufficiently-founded fear of persecution” as a requirement of refugee under Article 1 of the Convention on the Status of Refugees (hereinafter “Refugee Convention”) and Article 1 of the Protocol Relating to the Status of Refugees (hereinafter “Refugee Protocol”).

(hereinafter “instant disposition”). C.

The Plaintiff filed an objection with the Minister of Justice on December 11, 2017, but the Minister of Justice dismissed the objection on November 29, 2018.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence Nos. 1 and 2, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff asserted that he had been in contact with the patriarche through the customer staff in around 2011. Since around 2012, the Plaintiff trainedd the patriarche in the park, the patriarche, etc.

At around 2015, the Plaintiff received a warning from the staff of the police box while conducting the training of the pacife in the Saun Park.

As such, the Plaintiff’s situation constitutes a well-founded fear that is likely to be harmed on the ground that it is a member of a religion or a specific social group, and the Plaintiff is not entitled to protection from the country of nationality or does not want to be protected.

Nevertheless, the defendant's disposition of this case which did not recognize the plaintiff as a refugee should be revoked in an unlawful manner.

B. Determination 1 of the Refugee Act provides for matters concerning the status, treatment, etc. of refugees in accordance with the Refugee Convention and the Refugee Protocol, and provides for the status, treatment, etc. of refugees.

arrow